“Harsher punishments not only do not prevent crime but may actually have the opposite effect”

Crime in Mauritius

Qs & As

* ‘There’s no conclusive proof that the death penalty deters criminals. In fact, many countries that still use capital punishment haven’t seen a significant reduction in their crime rates’

By Lex

Opposition Member of Parliament Adrien Duval recently put a direct question to the Prime Minister, seeking crucial information on murders and violent deaths in Mauritius since November 2024. The prevalence of crime and violent deaths is, undeniably, a grave concern for all citizens, transcending political affiliations. It’s an issue that demands serious, multifaceted attention from every quarter. To delve into the intricate layers of this critical challenge facing the nation, we turn to Lex for a detailed examination of its various facets, exploring common perceptions, underlying causes, and potential solutions.

* In many societies, including Mauritius, there’s a common public perception that if crime rates are rising, it must be because the existing laws aren’t sufficiently severe — “la loi pas bon!” as it’s popularly expressed locally. This often leads to calls for harsher penalties including the death penalty and stricter enforcement. Is this an oversimplification of the complex issue of crime and its prevention?

According to criminal justice experts, it’s easy to think that the threat of punishment will simply dissuade someone from doing the wrong thing. But it turns out that deterring would-be criminals by instilling doubt or fear of the consequences is more myth than reality.

Law Professor David Brown takes the following view: “I call it sentencing’s dirty secret because it’s just assumed that there is deterrence… but what the research shows is that the system has little to no deterrent effect.”

The overall view of criminal justice experts is that harsher punishments, such as longer prison sentences, not only do not prevent crime but may actually have the opposite effect.

* Is there, however, a direct and proven causal relationship between the severity of laws and the crime rate? And between the application of the death penalty and falling crime rate?

The view has been expressed that sending an individual convicted of a crime to prison isn’t a very effective way to deter crime. Prisons are good for punishing criminals and keeping them off the street, but prison sentences, particularly long sentences, are unlikely to deter future crimes. Prisons actually may have the opposite effect: inmates learn more effective crime strategies from each other.

The death penalty is just the ultimate punishment that can be inflicted on a criminal. There is no conclusive proof that the death penalty deters criminals. In many countries that still retain the death penalty, the crime rate has not been reduced significantly.

* A multidisciplinary study would undoubtedly shed light on the true drivers behind the rising crime rate. However, it appears the proliferation of drugs is having a notable impact on murders and violent crimes, particularly those committed against close family members by addicts desperately trying to extract money for their drugs. Do you consider this issue to be one of the primary urgent challenges to public safety in Mauritius?

There is no doubt that many horrendous crimes are a direct result of drug abuse; a strong and undeniable relationship exists between the two. Individuals struggling with addiction often commit crimes, ranging from petty theft to more serious offenses, primarily to finance their drug habits. This desperate pursuit of funds to feed addiction inflicts significant damage upon society, impacting victims and communities alike.

Moreover, a concerning number of criminal acts are committed by individuals who are under the influence of drugs at the time, impairing their judgment and often escalating the severity of their actions. Beyond crimes committed for drugs, the illicit trade of substances itself, known as drug trafficking, constitutes a massive criminal enterprise, fostering violence, corruption, and instability. This creates a vicious cycle where drug abuse fuels criminal activity, which in turn perpetuates addiction and further social decay.

 * While many crimes are resolved quickly, a few cases persist without any resolution. The police often attribute these unresolved cases to their complexity. Is there truly a category of inherently more complex crimes, or does this explanation conceal other reasons for their non-resolution?

Some criminal cases take a long time to resolve due to a variety of factors, including the complexity of the case, the amount of evidence to be gathered and reviewed, the availability of witnesses, and the workload of the police. The more intricate the case and the more resources required for investigation and prosecution, the longer it will take to reach a conclusion.

It must be noted, however, that in some instances, the police may take what appears to be an easier route. This might involve concluding that no foul play occurred, as seen in the Kistnen case, or extracting a confession from a suspect or habitual criminal and subsequently accusing them of the crime. In the unresolved Dantier case, for example, a suspect ‘confessed’ to the murder, but DNA evidence later cleared him.

 * How could transparency and accountability be strengthened regarding investigations into unresolved crimes, particularly those involving the so-called complex cases?

A live investigation cannot be conducted in the public eye; revealing intricacies and steps would indeed compromise cases and very likely prevent their resolution.

Transparency in criminal investigations has its inherent limits.

* It’s clear that the police cannot be everywhere 24/7, and no law, on its own, can prevent all crimes. Given these limitations, how can police action and legislation be optimized for more effective crime prevention?

The police should actively employ preventive measures to deter and reduce crime. Indeed, prevention is often far more effective and efficient than merely reacting to crimes after they occur. Proactive policing strategies can significantly enhance community safety, improve the quality of life for residents, and ultimately reduce the long-term societal costs associated with criminal activity.

To achieve this, police forces can implement various preventive approaches, including robust community policing initiatives, strategically targeted patrols, and focused interventions in identified crime hot spots. These strategies collectively aim to deter potential offenders, increase the perceived likelihood of apprehension, and thereby foster a greater sense of public safety and security.

* Given reports of declining public trust in the police in Mauritius, linked to perceptions of corruption, favouritism, and excessive force from Afrobarometer’s surveys, for instance, what concrete steps can be taken to rebuild confidence between law enforcement agencies and the community?

Building trust between the police and citizens is crucial for effective policing and a safe community. This can be achieved through various strategies, including community policing, transparency, accountability, and positive interactions.

The police should not use their powers to terrorize or intimidate citizens. Instead, they are paid to serve the public and must not be subservient to any hidden agenda or undue influence.

* Beyond internal reforms, what role can independent oversight bodies play in addressing allegations of police misconduct and ensuring accountability, especially in cases that remain unresolved?

Independent oversight bodies play a crucial role in holding police accountable by providing independent review of their actions, investigating complaints, and promoting transparency within law enforcement. They are instrumental in building public trust, identifying areas for improvement in police policies and procedures, and ultimately contributing to a more just and effective criminal justice system.

In Mauritius, however, there is currently no truly independent oversight body for the police in the comprehensive sense described. While the Police Complaints Commission exists, it could potentially fulfil the role of a robust oversight body, provided its legislative mandate is significantly amended to grant it the necessary powers and independence.

* There is the view that the certainty and swiftness of punishment, coupled with comprehensive strategies that address the root causes of crime, might help better to bring the crime rate down. How are we doing as regards the elements of certainty and swiftness of punishment?

When punishment is swiftly administered – meaning it follows quickly after the commission of a crime – it is generally considered more effective in deterring future offenses. This efficacy stems from the clearer and more immediate connection the offender perceives between their actions and the resulting consequences.

Unfortunately, in Mauritius, investigations often unfold over extended periods, leading to significant delays. Consequently, the crucial element of swiftness in punishment is often lost, undermining its potential deterrent effect.

* The proliferation of synthetic drugs is mentioned earlier as a significant driver of violent crime. What are the underlying socio-economic factors that make vulnerable populations, particularly youth, susceptible to drug addiction and involvement in drug-related crime?

Drugs unequivocally represent a source of easy and substantial profit for criminal enterprises. Organized criminal networks adeptly leverage the immense profits generated from the production, trafficking, and distribution of synthetic drugs to meticulously fund and expand their broader criminal operations. This illicit financing directly contributes to perpetuating destructive cycles of violence and instability within society.

According to international studies, governments and international organizations have consistently sought to adopt a multifaceted approach to counter this threat, combining robust law enforcement efforts with essential public health initiatives. While some of these efforts have indeed yielded positive results, particularly those rooted in public health strategies, a significant amount of work remains. The challenge persists in effectively combating drug traffickers, who operate through highly sophisticated global networks.

* Beyond law enforcement, what long-term societal investments – in education, employment, mental health services, and social support – are crucial to address the root causes of crime and prevent future generations from falling into cycles of addiction and criminality?

It should not be believed that only individuals, whether young or old, from broken homes or impoverished backgrounds fall prey to drugs. In reality, many youngsters initially experiment with drugs or are simply tempted by peers. Once they fall into the trap, the nefarious cycle of addiction swiftly sets in.

Education can undoubtedly play a key role in drug prevention, but the precise form this education should take requires careful consideration. Schools alone cannot bear this responsibility; families must be actively involved, and the authorities have a crucial role to play. All these efforts represent a complex and necessarily long-term process.

Mauritius Times ePaper Friday 4 July 2025