A PROPERLY functioning jury system is not only essential to the administration of justice but it is also an important philosophic principle underpinning the ideals of a democratic nation. Especially in criminal cases, it is supposed, on the one hand, to assist the State in getting at the facts and maintaining the rule of law while on the other, it works as a self-adjusting mechanism for the protection of human rights, acting as a buffer against the abuse of State power. Over time, its statistical ability to arrive at truth rests on the randomness of the selection process, which in turn, assures that the serving citizens will bring to the process different personalities and life experiences. Anything which disturbs this balance can have serious repercussions for society and we are disquieted at reports that the jury pool in Jamaica is becoming stagnant and is in danger of being polluted.
It appears that the jury pool in many cases and especially at the Coroner's level is becoming the province of a set of "career" jurists, persons who are only too willing, for whatever reasons, to serve as jurors and whose faces are becoming permanent fixtures in our courts, earning fees of about $2,500 per week. To ensure the statistical randomness of the system, a proper "turn-over" of jurors is necessary so that those who serve in one case will not be recalled for four years. But as usual the system is clogged up because of bureaucratic sloth.
Of some 700 jury summonses sent out, only about 250 are served and, after the usual excuses for not serving come into play, only about 100 potential persons are in the pool which in fact requires some 500 persons to serve four courts. Even as we urge citizens to accept their civic duty to serve as jurors, we admonish the police and court officials to do a better job of serving jury summonses rather than taking the line of least resistance by serving only those who seem to have a vested interest in the system. With over one million names on the voters list, from which jurors are selected, what excuse is there for not issuing more summonses and seeing to it that they are served?
As called for by the Jury Act, the Custodes and the Resident Magistrates must have an input in the final selection of jury panels. Steps must be taken by the authorities to clean up the jury pool.
THE OPINIONS ON THIS PAGE, EXCEPT FOR THE ABOVE, DO NOT NECESSARILY REFLECT THE VIEWS OF THE GLEANER.
