JFJ urges government to reject proposals for abolition of jury trials

Jamaicans for Justice (JFJ) says it stands firm in its belief that the common-law principle of a jury trial is fundamental to guarantee the constitutional right to a fair trial.

“We strongly oppose any recommendation that would abolish this principle. The organisation therefore urges the Government to reject recent calls for the abolition of jury trials and focus instead on fulfilling longstanding promises of strengthening the system,” the lobby said in a press release today.

“The right to a trial by jury has a long history, predating its formal inclusion in the Magna Carta, which declared that a freeman should not be imprisoned without the lawful judgment of his peers. In the case of Trevor Stone 1980 Crim LR 439, the Privy Council acknowledged that there is a right to jury trial at common-law that can be affected by statute as it was with the Gun Court Act challenged in that matter.”

JFJ also noted that the structure of Jamaica's legal system already facilitates a hybrid approach, as parish courts try matters by judges alone generally as per section 177 of the Judicature Resident Magistrates Act.

“We note, however, that there are legislative limitations on the parish courts' power as a lower court, specifically in terms of penalties including fines or terms of imprisonment it can impose,” JFJ said.

“Therefore, the more serious matters are in fact heard at the higher court.”

Furthermore, the human rights group said, the Criminal Justice (Suppression of Criminal Organisations) Act section 17 provides for limiting offences relating to gang matters to be tried by judge alone, given the real possible threat or harm to jurors. JFJ believes that these provisions are sufficient truncation of the right to ensure a judicial and impartial process, and sufficiently maintains serious matters being tried by a jury of one's peers.

JFJ said in a recent TVJ report, Chief Justice Bryan Sykes cited the rate of conviction under jury trials versus non-jury trials as a reason to look at the necessity of jury trials altogether. “This is an unacceptable premise that relies on the idea that the marker of a fair trial lies in the rate of conviction and not in the seamless execution of the processes necessary, including jury selection,” the group said.

To completely abolish a fundamental common-law principle, which should arguably be a constitutional right, “is a contemptuous disregard for the foundational principles of law that we have been guided by. We reject any notion that expediency and reducing court backlog are strong enough justifications for such an action,” said JFJ.

The lobby reiterated its call to Minister of Justice Delroy Chuck for an extensive overhaul of the juror system, which should include a reduction in the categories of exemptions from jury service, as well as ensuring that the lists used to engage potential citizens are fixed. Furthermore, ensuring fair compensation for jurors is paramount to acknowledge the importance of their service and to incentivise participation.

“We also call for the implementation of widespread civic education initiatives for civilians. Equipping potential jurors with adequate knowledge through civic education programmes will empower them to actively engage in the justice process, enhancing its fairness and effectiveness,” JFJ said.

“This multifaceted approach fosters a more informed and representative jury system, ultimately strengthening the integrity of the justice system as a whole – all essential for broadening the pool of potential jurors, thereby promoting diversity and inclusivity in the justice system. A hybrid system exists, and a hybrid system ought to be maintained.”

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