Monday, November 7, 2005

THIS MAN WILL HANG.

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Why kill a mere pawn in the game? How will it benefit the society to have a harmless man killed; aside from deterrence, which can be easily be dealt with by sentencing him to 25 years imprisonment.

Like the sociological interpretations crime receives, deterrence is only an assumption. At worst, it creates a kind of self-delusion by which we lull ourselves into thinking that deterrence will banish crime.
Time to Retire the Noose by Jaya Prakash"

The death penalty has been imposed on Nguyen after being convicted of drug trafficking. Pleas of Clemency have failed.

The law tries to be objective but it does not address the subjective. It is murder made legal by the state. The law is not just when it becomes too rigid to go deeper beyond the surface issue: i.e. the criminal act of drug trafficking.

What was his intent?
A.To traffic drugs or
B.To clear his brother’s debt, which required him to traffck drugs (yes surely it was a conscious decision; but we are only looking at his intent here, from his perspective)

Was he in the wrong?

Superficial Analysis

1.Yes. By law. He committed a crime of trafficking, the law says above a certain limit = mandatory death penalty.
2.Aware of implications, Singapore’s strict drug policy; risked it
3.Singapore’s By-The-Book Stance: Ok, done. No clemency, no buts, you go, pitiful or not.

Alternative Analysis

1.Crime of being blinded by the greed of gaining money in exchange for helping a syndicate to traffic drugs

2.Put society at risk: drug use

Does he pose a threat to society?
1.He has a clean record
2.He gave the Government full cooperation as an informant,
3.Yes we should not feel sympathetic because it was his conscious decision to enter but the death penalty is certainly not just punishment and it will not correct any wrong.

It is only a pitiful waste of a perfectly functional life, of a boy who is willing to undergo rehabilitation, correctional change or whatever reform system the government may provide. Lock him up for half of his life, it’ll still be entirely more humane than pushing an undeserving young man to the gallows. The sentence meted down is not proportionate to his crime, his reason for entering the crime.

This is especially disheartening:
In Singapore, Nguyen's case has barely registered. After a brief report on his failed clemency appeal, the broadsheet Straits Times ran a follow-up wire agency story, filed from Canberra, on Australia's reaction to the decision. The story ran in the world section, as if it had nothing to do with Singapore.

There have been no opinion pieces, and letters to the editor have supported the Singapore Government's stand.
Fighting Against the Tide of Opinion


What about all the cold-hearted rapists that get acquitted who slip back into the folds of society only to rape again? Sentencing them to death is a more sensible option than a mere mule, a nobody to the big syndicates. What do they care? Will hanging Ngyuen prevent them from using more innocent people to traffick their products?

But in working with the law surely you must take your human conscience out or your puppet-like pocket of a brain and look beyond the bloody surface. Murdering this accidental criminal will not solve the root of the problem.

Jaya Prakash sums it up best:The idea that drug smuggling can be fixed by fixing an appointment with the hangman is seriously flawed.

P/S: This post may be a little haphazardly structured, with links all over the place, but im tired and its irritating the way lives are so loosely dealt with. Go to WWW.THEAGE.COM.AU and Search "Nguyen+Dealth Penalty+ Singapore" and read the articles to come to your own sensible conclusion. Goodnight.

Other News Articles:
Fighting Against the Tide of Opinion
In Singapore, Nguyen's case has barely registered. After a brief report on his failed clemency appeal, the broadsheet Straits Times ran a follow-up wire agency story, filed from Canberra, on Australia's reaction to the decision. The story ran in the world section, as if it had nothing to do with Singapore.

6 Comments:

Anonymous Anonymous said...

Firstly, i feel that the law is very backward and that rape should be ranked among the offences such as drug trafficking. But is do feel that the man was just caught in a very sticky web of life.

Law should not be subjective. It cannot be. If it was, the system will fail. Lawyer's and what nots will start picking it apart, not that it already is. Next thing you know is this blog and many other blogs out there are gonna comment on how the judge allowed to let the big gang boss go free. Flood gates of litigation my friend.

We are told by him that he is trying to clear his borther's debt. How true is that? Not that i think that he is lying, he looks like nice enough a guy, but we may never know am i right? A cornered man would do anyting to get out of the corner.

And i do not say do away with the death penalty. One, look at america. Nobody gets put to death. The main idea of the death penalty is to scare people from doing such things. If people are not scared, they will do it. I do not agree with the notion that deterence will not be effective as crime is evident regardless. While people nowadays, because of their situation, would be pushed and made used of by others to commit crimes thus their actions are injustified, we must remember that what we are fighting for is the greater good, not one man's sanctity. It is sad that this involves many innocent people but without it, rather than people being made used of unwillingly, they would do otherwise to make extra bucks. Major crime offenders will start to run amock.

This is just my perception from looking at the 'bigger' picture. i am not voting for this guy to be sentenced to death but i do not condemn the death penalty. I believe that rejecting this notion lies on the same plane as accepting guns in houses. It spawns from the same idea, "since the gov't can't take the law into their own hands, we shall!!" Well...thats pretty much it. Sorry if i offend...

10:17 AM  
Anonymous Anonymous said...

Firstly, i feel that the law is very backward and that rape should be ranked among the offences such as drug trafficking. But is do feel that the man was just caught in a very sticky web of life.

Law should not be subjective. It cannot be. If it was, the system will fail. Lawyer's and what nots will start picking it apart, not that it already is. Next thing you know is this blog and many other blogs out there are gonna comment on how the judge allowed to let the big gang boss go free. Flood gates of litigation my friend.

We are told by him that he is trying to clear his borther's debt. How true is that? Not that i think that he is lying, he looks like nice enough a guy, but we may never know am i right? A cornered man would do anyting to get out of the corner.

And i do not say do away with the death penalty. One, look at america. Nobody gets put to death. The main idea of the death penalty is to scare people from doing such things. If people are not scared, they will do it. I do not agree with the notion that deterence will not be effective as crime is evident regardless. While people nowadays, because of their situation, would be pushed and made used of by others to commit crimes thus their actions are injustified, we must remember that what we are fighting for is the greater good, not one man's sanctity. It is sad that this involves many innocent people but without it, rather than people being made used of unwillingly, they would do otherwise to make extra bucks. Major crime offenders will start to run amock.

This is just my perception from looking at the 'bigger' picture. i am not voting for this guy to be sentenced to death but i do not condemn the death penalty. I believe that rejecting this notion lies on the same plane as accepting guns in houses. It spawns from the same idea, "since the gov't can't take the law into their own hands, we shall!!" Well...thats pretty much it. Sorry if i offend...

10:17 AM  
Blogger c said...

hhaaha no la not offended.

sure the law should be objective. im saying, objective to what extent? should the courts be so stupidly blinded by supposed "objectivity" that they kill for the wrong reasons. in the name of being objective at that.

what good will it serve?
only that it carried out and satisfied its requirements of the law penned in the book.

subjectivity does not necessarily being emotional and crying and plea-ing for criminals to be freed.

judges and law-makers shd be sensible enough to use discretion, and move on a case-by-case basis.

in this case, death is utterly unjustified.

10:39 AM  
Blogger colinrt said...

the law is objective to the "nth" degree... there cannot be extents or limits to objectivity, the same way as there is either trust or distrust, you cannot say, i trust that guy 30%... it's an all or nothing scenario... you cannot be 50% objective and 50% subjective... by the very definition, anything less than 100% objective becomes subjective.

so, when it comes to the law, it's completely black and white or supposed to be, hence, the personification of justice as a blindfolded woman with scales on one hand and a sword on the other.
the blindfold stands for impartiality, the scales for weighing the merits of the case, and the sword for meting out the appropriate punishment.

there is no possibility of shades of gray. it cannot be subjective because all are supposed to be equal under the law, the law cannot make special considerations, just because one person has a disabled parent, or had a lousy childhood, or an indebted brother. the law presupposes that all have knowledge of it, break it at your own peril, knowing full well the price you will have to pay.

it is the framework within which society operates freely, part of the social contract individuals have with the state, ie. individuals give up certain personal rights so that they can more fully enjoy the other remaining rights and freedoms they still have.

freedom from crime is one of the flow-on benefits of having laws.
if laws were subjective, then does having a disadvantaged childhood afford one the ability to commit crimes without needing to face up to the punishment? if so, there'll be a lot of criminals out there on the streets, would there not?

coincidentally, i have just written a chapter that contains this debate for NaNoWriMo... which is why i have given the matter quite a bit of thought... check it out:

http://ungiven.blogspot.com/#ch5

2:17 PM  
Blogger c said...

argh. missing the point lah.
its not a debate on whether the law is subjective or objective or half-baked and what-not.

can the law-people not be bloody sensible in being bloody objective?!

its so stupid. like its damned great to anyhow impose the death penalty here and there. all in the name of law. and justice and equalitarian shit like that.

im sorry but i beg to differ. sure it is black/white no shades of grey rara but then people execute the wrong action, because the law distinctly sets it out for them, they cannot supposedly change it cos its set. wth lah.

everyone has the right to have an opinion. we agree to disagree :)

-christine

1:19 AM  
Anonymous Anonymous said...

VERY sensititive issue..

My thoughts are quite opposite from you Christine.. Wrote about it in my blog.

oh well, different people have different opinions eh.

4:42 PM  

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