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UNIVERSITY OF THE WEST INDIES FACULTY OF HUMANITIES AND EDUCATION Department of Language, Linguistics and Philosophy L28J Introduction to the Structure and Usage of Jamaican Creole Semester II 2013-2014 Name: Amisha George, Germaine Bryan ID#: 620052748, 620052740 Assignment: Written presentation (Final Draft) Topic: The Criminal Justice (Suppression of criminal organisations) Act 2013 Aim: To Discuss the relevance of the Criminal Justice Act in its pursuit to suppress and disrupt criminal organisations in Jamaica. Date: March 26, 2014 Teacher: Ms Kadian Walters

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UNIVERSITY OF THE WEST INDIES

FACULTY OF HUMANITIES AND EDUCATION

Department of Language, Linguistics and Philosophy

L28J – Introduction to the Structure and Usage of Jamaican Creole

Semester II – 2013-2014

Name: Amisha George, Germaine Bryan

ID#: 620052748, 620052740

Assignment: Written presentation (Final Draft)

Topic: The Criminal Justice (Suppression of criminal organisations) Act 2013

Aim: To Discuss the relevance of the Criminal Justice Act in its pursuit to suppress and disrupt

criminal organisations in Jamaica.

Date: March 26, 2014

Teacher: Ms Kadian Walters

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Introduction

The Criminal Justice Act was tabled in parliament in June 2013, by current Minister of

National Security, the honourable Peter Bunting. It serves to be a weapon to aid in the State’s

fight against Crime in Jamaican society. Specifically, its purpose is to suppress and disrupt the

formation of criminal organizations in Jamaica.

The purpose of this assignment is to translate the interpretation of this document in the

Jamaican Language. The goal in doing this is to make it available to the majority of Jamaicans in

a form most understood by them. The audience therefore, are all speakers and users of the

Jamaican language in the society.

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‘Mi wi go fi dem eniwe, Gaza wi go fi dem eniwe’, were the words of popular dancehall

artiste Adidjah Palmer, more notoriously known as Vybz Kartel. From the outlook, these lyrics

could imply an intention to start or bring conflict to another party in a criminal manner. It is

lyrics like this for example, that can influence people outside of the entertainment domain to

resort to violence as a means of resolving civil disputes. Consequently, the Criminal Justice Act

was conceptualised in 2013 by the Minister of National Security, Peter Bunting in response to

this and other sources of motivation for the people to incite violence in the Jamaican Society.

However, the Act’s primary purpose, in a most holistic sense, is to seek to create offences for the

disruption and suppression of criminal organisations in order to restore a sense of security in the

Jamaican society and strengthen the capacity of law enforcement agencies to deal with crime

effectively. This essay seeks to examine and summarise the Act in an attempt to provide an

understanding of its purpose with respect to the suppression of criminal organisations. It will

then narrow its perspective to take a closer look on Section 15 of the Act and how it can affect

the Dancehall industry.

The Criminal Justice Act, otherwise known as the Anti-Gang Bill, was tabled in parliament

on July 2013 by Minister of National Security, Peter Bunting. It is a 33 page document which

outlines the activities that are deemed criminal in Jamaica, and the penalties attached to these

activities. Part I of the Act is the preliminary aspect of the Act, part II speaks to the offences for

the disruption and suppression of criminal organisations and part III addresses general tenets of

the bill and instructions of the Minister. Following these parts is the first schedule, which

highlights the serious offences; the second schedule outlines the penalties attached to these

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offences respectively and the third schedule highlights the amendment to enactments of the bill.

The memorandum of objects and reasoning concludes the Criminal Justice Act.

A criminal organisation is defined as any gang, group, alliance, network, combination or

similar arrangement among three or more persons whether formally or informally affiliated or

organised and whether or not operating through one or more bodies (corporate or other

associations). The Criminal Justice Act was drafted to make provisions for the disruption and

suppression of criminal organisations where the activities of these organisations present a danger

to public order, public safety and the economic stability of Jamaica. It is to be a supplement

where the existing laws of Jamaica fail to adequately disrupt, suppress or otherwise deal with

organised crime and the activities of criminal organisations effectively.

It is necessary in targeting the leaders of criminal organisations and criminalises the

management of enterprises that are involved in criminal activities. The pervasive presence of

these organisations in many communities is harmful to the well-being of these communities and

therefore creates a necessity to criminalise any participation in and promotion of the activities of

criminal organisations. The Act is born out of a desire to restore a sense of security in the

Jamaican society and strengthen the capacity of law enforcement agencies to deal with crime

effectively.

Criminal organisations are characterised as having a purpose to commit one or more serious

offences and are normally in relation to persons who are a part thereof or participate therein

unlawful activities in order to obtain power; or issue threats or engage in conduct to promote fear

and or to intimidate or exert power and influence in communities. Furthermore, the bill seeks to

prohibit the establishment of a criminal organisation; taking part in a criminal organisation; to

exercise any form of leadership functions at any level of the organisational structure of a

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criminal organisation; to benefit from a criminal organisation; to conceal, dispose of or share in

any proceeds of criminal activity; knowingly aiding a criminal organisation to commit a serious

offence; the harbouring of a participant in a criminal organisation; tampering with evidence as it

relates to criminal organisations or activities; punitive action against a person who has left a

criminal organisation and lastly the use of signs, symbols, graffiti or songs to promote or

facilitate the criminal activities of criminal organisations. The fines for such offences can range

from five to thirty years in prison.

Jamaican citizens overseas are not immune to judgement from this act. In fact, A circuit court

is given jurisdiction over criminal activity carried out by Jamaicans overseas which, had the

criminal activity been carried out in Jamaica, would have been offences under this Act. A review

of the provisions of the proposed Criminal Justice Act is scheduled to be undertaken no later than

5 years after its commencement. The Act seeks further to effect consequential amendments to the

Constabulary Force Act, the Criminal Justice (administration) Act, the Defence Act, the Finger

Prints Act, the Parole Act and the Unlawful Possession of Property Act.

The introduction of the Criminal Justice Act (Anti-Gang Bill) has caused a great deal of

discontent among members of the music industry. Particularly, those who belong to the cohort of

Dancehall practitioners are of the view that the bill is an attack by the government to suppress

Dancehall culture. They validate their opinions by using section 15 of the bill, which seeks to

prohibit the use of signs, symbols, graffiti or songs to promote or facilitate the criminal activities

of a criminal organisation. In a June 26, 2013 article by the Gleaner Company, Patrick ‘Curly

Lox’ Gaynor of the Dancehall duo Twins of Twins was asked to express his views on the matter.

When asked, this was Gaynor’s reaction, ‘They just keep going and going against the music. The

government should clean up their governing body, the dirty politics and how they run this

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country.’ He went further to insist that, ‘They should clean up the 'wild-wild west' attitude they

instilled in the people through political warfare and stop using the music as a scapegoat, because

that is what is going on,’. Gaynor is of the view that the music is not the reason for high crime

rates in Jamaica, but rather a failure of the Jamaican government to adequately control the

problem. Gaynor believes that music plays an important role as a reflector of Jamaican society,

and thinks that if Bunting really wants to curb the crime rate, he should consider collaborating

with his fellow ministers to clean up the society they damaged. Gaynor says that, ‘The music can

only be cleaned if society is clean. To me, this is mostly a cultural difference between the lower

class and upper class, and at present, many Jamaicans are not seen as being important if they

don't have the right last name.’

All things considered, The Criminal Justice Act is definitely relevant if Jamaica is to move

towards becoming the peaceful nation it once was. If it is to achieve its Vision 2030 goal of

being the best place to live and raise a family, then measures like this Act and more legislation

tailored towards suppressing criminal organisations need to be drafted to curtail this monster

called crime. While it will be a hindrance to some members of the Dancehall community, it is a

price that we as a nation need to pay if we are to save the next generation of leaders from the

destructive path that these same members of the Dancehall fraternity encourage with their music.

Dancehall music is a multifaceted genre and should not be limited to just violent music. There

are artistes, like an Agent Sasco or I-Octane to name a few, who have been able to make a decent

living in the industry without lining their music with criminal intentions. If it is possible for

them, then it is possible for all.

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References

Bunting, P. (2013).The Criminal Justice (Suppression of Criminal Organisations) Act. Retrieved from http://www.japarliament.gov.jm/attachments/339_339_The%20Criminal%20Justice%20(

Suppressi on%20Of%20Criminal%20Organisations)%20Act%202013.pdf

Henry, D; Campbell, C. (2013). ‘Stop Using The Music As A Scapegoat' - Anti-Gang

Legislation Draws The Ire Of Artiste’. The Gleaner Company. Retrieved from

http://jamaica-gleaner.com/gleaner/20130626/ent/ent1.html

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Jamaican Translation

Wan aatis we niem Adidjah Paama ar Vaibz Kaatel did se, ‘Mi wi go fi dem eniwe, Gaaza

wi go fi dem eniwe’.A liriks laik dem de a tiich yu se badnis fi gwaan if a man toch yu botn. A

dem siem liriks ya a tel aadineri piipl we a nat iivn aatis fi ton tu badman ting wen dem an piipl

kech op. A myuuzik laik dem ya an som ada wan we stie siem wie we kaaz Minista a Nashinal

Sikioriti, Piita Bontin fi mek di Kriminal Jostis Ak ina 2013. Di mien yuus a di Ak a fi fain wie fi

bring dong di gyang dem so dat di piipl dem ina sosaieti kyan get likl muor piis an di poliis dem

kyan diil wid di kraim beta. Da piepa ya a go tel yo bou di Ak so dat yu kyan nuo ou it a chrai

tap di gyang dem fram tek uova. It a go luk pan Paat 15 tu an ou it a go chobl Daansaal.

Di Kriminal Jostis Ak, ar we piipl laik fi kaal di Anti Gyang Bil (wan bil fi tap di gyang dem

fram du bad tings), did mek ina Julai 2013 bai Minista a Nashinal Sikioriti, Piita Bontin. It av 33

piaj we taak bout aal a di ting dem we badman du ina Jamieka an ou dem sopuos fi get ponish fi

dem ting ya. It av chrii paat: 1) Wan we staat di andastandin adi Ak, 2) wan we taak bout di

ponishment dem an 3) di laas paat taak bout di Ak ina jenaral. Afta dem paat ya yu av wan paat

we mek wi nuo bout di Kraim dem, wan sekan paat we taak bout di biga ponishment dem an di

tod paat taak bout di adishan dem tu di Ak. Di laas paat adi Ak adi paat we riizn out evriting.

Wan Gyang a wan gruup a chrii ar muor piipl we nuo iich ada an kom tugeda fi badman

ting. Di Ak did mek fi bring dong di gyang dem kaaz di ting dem we dem a du a ort di poblik an

di ekanami ina Jamieka. It sopuos to elp di laa dem if dem kyaahn bring dong Kraim and di

badman dem beta.

Di poliis dem niid it fi fain di don dem fi di gyang dem an lak op di difrant shap dem we lingk

wid di gyang dem. Si kaaz di gyang dem nof ina di difrant plies dem it a tap di piis an das wai wi

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niid fi lak op enibadi we ina ar sopout di gyang ting. Di Ak did mek fi fain wie fi bring bak piis

ina Jamieka an so dat di poliis dem kyan diil wid di kraim beta.

Wan gyang a eni gruup we do wan ar muor bad tings an dem lingk wid piipl we du ar inna

bad tings jos fi get powa; ar do tingz fi mek piipl fried ina dem plies. Di Ak a chrai tap eni gyang

fram staat, enibadi we a chrai de ina gyang, enibadi we a chrai ron tingz ina gyang, enibadi we a

chrai benifit fram gyang; enibadi we a chrai aid moni we com fram gyang; enibadi we a elp

gyang fi do tingz; enibadi we a aid piipl we lingk ina gyang; enibadi we a miks-op miks-op wid

di ting dem we supous to elp di poliis kech kriminal; enibadi we ponish piipl uu lef dem gyang

an eni yuus a sain, sang we a supuot ar eni plies we av jraain pan waal fi elp di gyang dem du

bad tings. Enibadi we do eni a dem ting ya a go get eniwe fram 5 to 30 ier ina jiel.

Di Ak a fi di Jamiekan dem a farin to. Di Kuot out ya av di powa fi ponish di Jamiekan dem

a farin kaaz if di siem kraim dem a do a farin did do out ya, dem uda stil get ponish. Dem a plan

fi lok ova di Ak ina di neks 5 ier. Di Ak supuos to elp chienj som oda Ak ina di Laa to. Nof piipl

ina myuuzik no laik di Ak. Nof adi Daansaal aatis dem tingk di govament mek di Ak fi bring

dong Daansaal kulcha. Dem a se paat 15 adi Ak a chrai tap enibadi we yuus sain, sang we a

supuot ar eni plies we av jraain pan waal fi elp di gyang dem do bad tingz. Wan aatikl ina di

piepa pan juun 26, 2013 wid Patrik Giena fram twinz a twinz dida taak bout di Ak. Im did a se

ou ‘Dem jos a fait di myuuzik. Di govament niid fi kliin op demself an di doti palitiks an ou dem

ron di konchri’. Im gwaan fi se ou, ‘ Dem fi kliin op dem koubwai bievia we dem put ina piipl

wid dem waar ina palitiks an tap bliem myuuzik kaaz a dat a gwaan.’ Im a se ano myuuzik a

kaaz so moch kraim ina Jamieka, bot a di govament uu kyaahn kanchruol di badman dem. Im

tingk se myuuzik adi bes wie fi shuo waa gwaan ina Jamieka an ou Buntin fi lingk op wid im oda

minista dem fi fiks di sosaieti dem mash up ina di fors plies if dem waa bring dong kraim. Im a

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se, ‘Di myuuzik kyan ongl kliin if di sosaieti kliin tu. Yu si kaaz is a kulcharal ting we optoun de

op de su, and dongtoun de dong de su, a it a mash op di kuntri. Fram a Jamiekan nu av di rait laas

niem, im no miin notn’.

Di Kriminal Jostis Ak adi bes ting if Jamieka waa piis agen. If it ago do we it se it waa do

ina vizhan 2030 fi bi di bes plies fi liv an bring op a famili, den muor Ak laik dem ya need fi mek

fi bring dong di gyang dem an kraim. Iivn duo it a bada di aatis dem ina Daansaal, is a ting di

konchri niid fi du fi siev wi yong piipl fram mash op demselv wid di kain a myuuzik dem aatis

ya ina Daansaal a mek. Daansaal ful op a to moch way fi mek myuuzik fi ongl a mek di kain we

supout kraim. If aatis laik iegen Sasko an Ai-aktien a mek moni widout afi put gyang liriks ina

dem sang, den ada aatis can dwiit to.

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Translation Survey

Please read the text aloud and answer the questions that follow.

Wan aatis we niem Adidjah Paama ar Vaibz Kaatel did se, ‘Mi wi go fi dem eniwe, Gaaza

wi go fi dem eniwe’.A liriks laik dem de a tiich yu se badnis fi gwaan if a man toch yu botn.

A dem siem liriks ya a tel aadineri piipl we a nat iivn aatis fi ton tu badman ting wen dem

an piipl kech op. A myuuzik laik dem ya an som ada wan we stie siem wie we kaaz Minista

a Nashinal Sikioriti, Piita Bontin fi mek di Kriminal Jostis Ak ina 2013. Di mien yuus a di

Ak a fi fain wie fi bring dong di gyang dem so dat di piipl dem ina sosaieti kyan get likl

muor piis an di poliis dem kyan diil wid di kraim beta. Da piepa ya a go tel yo bou di Ak so

dat yu kyan nuo ou it a chrai tap di gyang dem fram tek uova. It a go luk pan Paat 15 tu an

ou it a go chobl Daansaal.

Please select the appropriate answer(s):

1. What is your age range? a) 15-25

b) 25-35

c) 35-45 d) 45-55

2. What is your gender?

a) Male

b) Female

3. What is your highest level of education attained?

a) Primary b) Secondary

c) Tertiary d) Other

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4. What language(s) do you speak mostly?

a) English alone b) Jamaican Patwa alone

c) Both

d) More English, Less Patwa e) More Patwa, Less English

5. On a scale of 1 to 5 with: 1-very easy; 2- easy; 3- ok; 4-hard; 5-very hard. How do you rank the passage in terms of difficulty? Select the number which applies to you.

a) 1

b) 2 c) 3

d) 4 e) 5

6. What did you find most difficult about the passage?

a) Spelling

b) Sentence Structure c) Pronunciation

d) Interpretation

7. What was the passage about? a) Vybz Kartel’s Lyrics and its impact on Jamaican society

b) Minister of Security Peter Bunting making Legislation to ban Dancehall music in the

Ghetto c) Music is a reflection of the happenings of Jamaican society

d) The Criminal Justice Act will be used to suppress criminal organizations and how

section 15 of the Act is a hindrance to the Dancehall industry. e) Other________________________________________________________________

___________________________________________________________________

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Commentary

Of the 4 persons we interviewed they each had varying responses when asked the question: What

did you gather from the passage? Respondent #1 stated that what she gathered was that it was

based on “Kartel’s lyrics and its impact on ghetto people along with the fact that Peter

Bunting is imposing legislation to ban dancehall music.” Respondent #2 stated that “Kartel

and other artiste music either create or cut down crime and that music is a reflection of

what is going on in society.” Respondent #3 however, was the least responsive of the 4 people

that we surveyed. During his attempt to read the passage, he needed constant help in enunciating

some of the words. Lastly respondent #4 stated that “the act was prepared by Minister Peter

Bunting in response to high levels of crime.” She had the closest interpretation of the passage

and we attribute this to her being a monolingual speaker of Patwa.

Overall each respondent was did fairly well at reading the passage though there were common

mistakes amongst them such as pronouncing “Ak” to mean “A.K” and the “ii” sound as in ‘tiich’

was often pronounced as “ai” as in ‘bait’. Respondent #2 made the mistake of pronouncing

“chrai’ as “create” and “poliis” as “politics”.

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Translation Review

Questions:

1. What was the most difficult thing about the translation task?

We found the structuring of the sentences and interpretation of the idea to be the most difficult in

our translation. We were trying to remain as authentic as possible to the Cassidy JLU system

without surrendering to the temptation of using any ‘chakka chakka’ Jamaican patwa writing.

We also found difficulty in trying to base our translation on its contextual meaning rather than

its literal meaning.

2. Did you learn anything from doing this exercise? What?

We learnt that Patwa truly has the potential to be standardized as language in the near future.

Given the rules, the literature written, studies being done and the lobbying for standardization

around the language it is no longer farfetched to believe that Jamaica will one day accept Patwa

officially as their own. Certain Phonological rules as well were reinforced in our attempts to

translate the piece, namely aphesis, metathesis and apocope in particular.

3. What can you do in the future to make this task easier?

Our advice in making this task easier in the future is to consult experts in Jamaican patwa more

frequently. Also, consult certain translated literature for comparison.

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4. What testing activities did you use to improve your translation?

We researched some videos of people speaking Jamaican patwa on YouTube and also engaged

people in conversation in patwa around the UWI community.

5. Were your testers receptive to the text?

Yes, and No. We asked 5 people in total to participate in the survey, but one insisted on not

participating. Her dilemma was that she was too old for to read at her age, and she has always

had a fear of ‘pen and paper’ which we assumed to mean academic material.

6. What kind of changes did you make as a result of the testing?

As a result of the testing, based on the feedback of the people that were surveyed, we changed

some of the more English based words acting on their recommendation to expressions that were

more authentic to the Jamaican patwa. Case in point, the word ‘vayalens’ was changed to

‘Gyangsta ting’ based on a 2/3 majority preference from the 6 people that were surveyed. After

review from our lecturer however, it was decided that ‘vayalens’ would translate to mean

‘badman ting’

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