An investigation into the measures that are implemented by the

Legislative Government to curb the murder rate in Ocho Rios, St. Ann
Jamaica

Submitted by: Britan James

Centre #: 100087
Candidate’s Center #: 100087
Date: March 2019
Teacher: Miss Findlay
Territory: Jamaica

A Research Paper Submitted in Partial Fulfillment of the Requirements for the

Cape Law – Unit 1 Internal Assessment
 ACKNOWLEDGEMENT

All gratitude is due to my parents for aiding with the finances in purchasing the necessary

tools in completing this Internal Assessment

Secondly, I would like to thank God for giving me with is grace, mercy and tolerance

Lastly, I would like to thank Ms. Findlay the teacher of this subject for providing me with the

experience, knowledge and guidance in completing this interesting topic.

 TABLE OF CONTENTS

Titles pages

Introduction
(Description of research, aims and objectives, statement of law) 4

Methodology 5

Presentation of findings 6

Discussion of Findings/ Analysis of Applicable Legal Principles 13

Conclusions and recommendations 15

Referencing

INTRODUCTION
According to the Merriam Webster dictionary the term ‘Murder’ is defined as the crime of

unlawfully killing a person especially with malice aforethought or intent. Though this topic

is a social issue in my country and even worldwide, this research is focusing on the Tourist

destination, Ocho Rios, St. Ann community. This town over the past couple years has seen

an increase in murder of both locals and tourists alike.

The murder rate is at an alarming number especially in the Ocho Rios, the residents are

restless and fearful especially at nights. The murder rate is far too high and as such, has

forced everyone to live in fear. Citizen who resides overseas now are afraid to return home

to the island to live after their retirement. Visitors to the island do come but are warned by

their government to stay away from Jamaica.

As a resident of the Ocho Rios Community, the researcher too is afraid to be outside or on

the road after certain hours, and this should not be. People need to be able to walk and go

about their business without fear. Too many of the residents here are vitamins of murder,

little children, young and old are killed for reasons beyond reasoning. No one should feel it

necessary to take another one’s life.

It is with these in mind that the research opted to a research “the measures that are

implemented by the Legislative Government to curb the murder rate in Ocho Rios, St. Ann

Jamaica.

The following aims will also be used to guide the researcher in finding answers to the

research topic.

 Find out the measures taken by Government to curb the murder rate in Ocho Rios.
 Determine which age group experience the most murder

 Examine effects of murder on family members.

METHODOLOGY
In this investigation the researcher chose to use the quantitative methodology of research. This

method of collecting data involves the use of questionnaires and surveys which is considered

numerical as it requires the use of presenting numerical information through means of graphs,

tables, charts and statistical data, thus the researcher chose to use the questionnaire. This is

advantageous as it:

 Is easier for participants to use

 Promotes and administers privacy and confidentiality

 is less time consuming.

Sampling Technique

A maximum of 20 questionnaires were created consisting of 14 questions relating to the topic.

These questionnaires were issued at random to citizens within the Ocho Rios community and

were given 48 hours to complete and return a completed questionnaire.

PRESENTATION OF DATA

Primary Findings
The findings presented here are based solely on the questionnaire that was used to gather the

relevant data needed to find answers to the research topic. The researcher chose to use the most

effective questions from the questionnaire in presenting such data.

QUESTION 6: “Which age group do you believe experience the highest murder rate?”.

FIG 1

According to the diagram above, 19% of respondents indicated that individual between the

ages 27 and over experience the highest murder rate, 21% indicated the ages 20-26 and a

70% showed that persons between ages 13-19 years old are killed.

Question 5 asked “What do you think the penalty for murder should be?”
Question 14 asked: “Do you believe you have an effective police force?”

Question 10 -What measures do you think the Government put in place by to curb the murder
rate?
 FIG 4

The illustration above shows that t 25% of the respondents indicated that the government should

enforce religious norms amongst the youths as a way to curb the murder rate, 33% of

respondents stated that the unemployment rate should be reduced while the maximum amount of

42% of respondents stated that the government should use prison inmates testimonies of the

harsh life in prison.

Question 9 In what ways should government aid in supporting grieving family members within
your community?
 FIG 5

In reference to the pie chart displayed above 65% of respondents indicate that government

support grieving family members by providing financial support to the family, 25% of

respondents indicated that regulating constant counseling facilities to help the grieving

relatives while 10% of respondents indicated the provision of designated boy’s and girl’s

homes for children who would have lost parents and have no one to take care of them.

Question 7
Fig 6

Base on the diagram above a maximum of 65% of respondents indicated that the murder rate

within the community has caused persons to leave thus showing a decrease in population, a

35% of respondents indicated that it causes anxiety and 10% indicates that it drives fear

within the community.

Secondary Findings
The researcher chose to use text books, law journals, newspapers, professional law journals,

law commission reports or other legal reports and documentation in relation to this topic and

In accordance to Pratt and Morgan v Attorney General 1933 it was held that because the

Judicial Committee of the Privy council prohibits degrading punishments, excessive delays

cannot occur between sentencing and execution of punishment, therefore in cases such

excessive delays, death sentences should be computed to life imprisonment. In support of

this case Trimmingham v Queen (St. Vincent and the Grenadines) it was held that life

imprisonment should be first substituted for a death sentence by the judge.

According to the Jamaican Observer in October 2015, two men (27 year-old Mikhail

Campbell or ‘Troy’ and (51year-old Errol Clarke ‘Scorcher’ were charged with murder of six

members of a family on Campbelton Road in Logwood. Both were convicted for 6 counts of

murder, four (4) counts of assault occasioning grievous bodily harm and are count of arson

on November 30, 2018 on three counts of Murder both for men were sentenced to life

imprisonment a possibility parole after 40 years in parole. Regarding the other three counts

of murder both men were each sentenced to life imprisonment on each count.

The researcher finds the sentencing to be quite satisfactory all the crime both men have

committed a gruesome and brutal act.

Similarly, in reference toThe Gleaner (April 12, 2018) Multi murder convict Michael

Mclean has been sentenced to six life sentences for the 2006 murders of six members of a

family in St. James. The bodies of (5) of the victims were found in bushes with their throat

slashed. The body of the sixth section, 6-year-old Jihad was found a week later in a shallow

grave in St. Mary. As compared to the previous case mentioned in the observer the researcher

finds that such sentencing is more that suitable for the brutality and of the crime committed.
DISCUSSION OF FINDINGS — ANALYSIS OF APPLICABLE
LEGAL PRINCIPLES/DATA
The legal definition of ‘Murder’ according to common law is the unlawful killing in the

Queens Peace, with malice afterthought. Thus, there are two elements which constitutes

murder which are Actus reus and Mens Rea. The term ‘Actus Reus’ means unlawful killing

in the Queens Peace, it could also mean guilty act whereas the term ‘Mens Rea’ means

malice afterthought, which is interpreted by courts as intention to kill or intention to cause

Grievous Bodily Harm (G.B.H). Based on information from the questionnaire a maximum of

45% of respondents stated that life imprisonments should be the penalty for murderers while

a runner up of 21% indicated that they the implementation of capital punishment should be

their penalty.

Based on the gathered findings the researcher thus implies that murder is not only an

unlawful act but also one that affects the mind of family members and friends who suffers

psychologically with the memories of their lost loved one. The findings revealed that 70% of

respondents indicated that victims of murder are mostly females within the age ranges 13 -

19 in the Ocho Rios community, this could imply that the murder rate in females compared

to males are high, thus there would be a decrease in the female population within such

community.

Seeing that majority of the respondents are females 65% of respondents indicated that the

murder rate within the community has caused a decrease in population driven, a runner up of

35% indicated that it causes anxiety, however a maximum of 80% of respondents indicated

that there should be a more effective police force solely for the community. As a result of this
social issue it has been identified that not only does this affect females of the Ocho Rios

community but the community on a whole as75% of respondents indicated that the murder

rate within their community is alarmingly high.

This research has revealed that amounts of 57% of respondents have known who the victims

of murder are and a correspondent of 50% of respondents indicated that the victims they

know are their family members. This could be understood that there is a more sentimental

relationship between the victim and suffering loved ones hence grieving maybe more

overwhelming and long term pain compared to an unknown victim.

RECOMMENDATION AND CONCLUSIONS

 Though we all know that murder occurs almost every day, it is considered to be alarmingly

high within the community of Ocho Rios. Most of these victims are females and of the ages

13 - 19 years of age, this could be implied that the birth rate may be lower than it is supposed

to be as most of the victims are at its most fertile stage according to their age, thus more

males will be populating the community. Though men are also beneficial, a populated

community that is dominantly men and boys may result in more gangs and delinquent

activities therefore the researcher recommends that:

 A more effective police force should not only parole the community but make frequent
appearances

 The Government should aid suffering Family members and friends by providing counselling
sessions and boys and girls homes

 A neighbourhood watch should be practised

 The Government should encourage females to return home in a curfew manner

 The Government should provide financial aid for families who cannot afford to have
memorial service for their loved ones.

 The Government should enforce stiffer penalties for aggravated murders

With all gathered information the researcher concludes that murders amongst females are not

only evident within the Ocho Rios community but the wider society and thus has caused a

drastic decrease in the female population rate overtime. Nevertheless it also causes a

emotional and psychological breakdowns with left behind family members and loved ones

thus may lead to other issues that may be detrimental to society on a whole.
 BIBLIOGRAP

HY
The Jamaican Observer in October 2015.

 The Gleaner April 12, 2018

 Shawki Allam article entitled ‘Islam views on Murder as a crime and a major sin’ (March
24, 2015).

 Merriam Webster dictionary

 Pratt and Morgan v Attorney General 1933
 Trimmingham v Queen (St. Vincent and the Grenadines)
 http://www.e-lawresources.co.uk/The-law-of-murder.php
 APPENDICIE
S
Please place a tick in the appropriate box to indicate your answer

What is your gender?

( ) Male
( ) Female

1. What is your age group?

( ) 13- 19
( ) 20- 26
( ) 27 and over

2. Do you know anyone that has been a victim of murder?

( ) Yes
( ) No
3. What was your relation to him/her?
( ) Family member
( ) Friend
( ) Spouse
Other_________________

4. How would you rate the murder rate within your community?
( ) High
( ) Normal
( ) Low
5. What do you think the penalty for murder should be?
___________________________________________________________________________
___________________________________________________________________________
___

6. Which age group do you believe experience the highest murder rate ?

( ) 13 – 19
( ) 20 – 26
( ) 27 and over

7. How has murder affected your community?

( ) It drives fear within the community
( ) Anxiety
( ) Decreases the population

8. Do you think stiffer penalties should be the result for murder?

( ) yes
( ) No

9. In what ways should government aid in supporting grieving family members within your
community?
___________________________________________________________________________
___________________________________________________________________________
______
10. What measures are put in place by the Government to curb the murder rate?

___________________________________________________________________________
___________________________________________________________________________
______

11. Have you ever lost someone close to you, if yes state relation.
________________________________________________________________________
____________________________________________________________________
12. How does Murder affect you personally?
( ) Causes emotional distress
( ) Drives fear
( ) Revengeful

13. Which other criminal activity do you believe is associated with murder?
___________________________________________________________________________
________________________

14. Do you believe you have a effective police force?

( ) yes
( ) No