KINGSTON, JAMAICA – The Jamaican Government is opening up a serious discussion on the future of the jury system, a topic that has sparked strong opinions. Chief Justice Bryan Sykes has proposed the possibility of rehabilitating or completely abandoning the system. While there is support for both options, there is also a suggestion to grant judges more flexibility to conduct bench trials when they are deemed necessary for the pursuit of justice and efficiency in the court system.
The tradition of a jury trial is deeply rooted in common law, but it is becoming increasingly evident that the current system in Jamaica is deeply flawed. It is important to note that, in Jamaica, the right to a jury trial is not absolute. The country’s citizens are constitutionally guaranteed a fair hearing within reasonable time by an independent and impartial court established by law. Jury trials are only mandated for treason and murder cases where the death penalty is applicable. For most other indictable offenses, the defense and prosecution can agree to forgo jury trials and opt for judgment by judges. However, this rarely happens, as evidenced during the COVID-19 pandemic when jury trials were suspended, causing significant delays in case proceedings.
Chief Justice Sykes has expressed concerns about the violation of constitutional rights and the lack of evidence demonstrating the inherent superiority of jury trials. He argues that it may be time to do away with the system altogether. One of the key issues highlighted is the difficulty in finding jurors. In recent years, judges have been forced to delay court sessions due to the insufficient number of jurors showing up. There have been instances where only a single juror was present at the onset of sessions. The current system also faces the challenge of attracting jurors from a diverse socioeconomic background, as many individuals from the wealthier, middle-class, and professional elites tend to avoid jury duty.
There are significant loopholes in the jury selection process that need to be addressed. Certain groups, including civil servants, teachers, doctors, and people over 70 years old, are exempt from jury service. Critics also point out the low stipend given to jurors for their service, which contributes to the subpar state of the system. It is thus essential that the Justice Minister, Delroy Chuck, acts swiftly in preparing a submission for the Cabinet on this crisis. He has promised to bring the issue to Parliament for review by a joint select committee of the House and the Senate, emphasizing the need for stakeholder submissions and public hearings.
Moreover, Minister Chuck should consider developing a government Green Paper that provides crucial data on conviction/acquittal rates for bench versus jury trials, the appeal process, and the duration of case resolutions. It is imperative to enforce the system that encourages jurors to attend court, including the efficient delivery of summons and penalties against deliberate absences. The proposed increase in stipends for jurors should also be carefully considered to alleviate the economic burden that comes with serving as a juror.
The future of the jury system in Jamaica is now under scrutiny, as the government and legal experts seek ways to address the system’s shortcomings. The discussion carries significant implications for the pursuit of justice and the efficiency of the court system. It is crucial that all stakeholders engage in a thoughtful and comprehensive examination of the issue to arrive at a solution that upholds the principles of fairness, transparency, and efficiency.