THE JURY SYSTEM
The Observer of December 22, 2005 reported the call of Delroy Chuck for a full enquiry into Jamaica's justice system, saying that the probe would help to identify and remedy its weakness, is a necessary implication that the system is fraught with injustice, which is far from the truth and is a contradiction of the widely held belief that the system is generally fair and just, but as in other jurisdictions, the system needs improvements and will always do.
It is also reported in the same newspaper that the Jamaica Bar Association (JBA) declared its support for the retention of trial by jury, saying the system was a cornerstone of democracy and that it was an obvious rebuttal of Chief Justice Lensley Wolfe that more cases should be tried solely by judges. The association has the right to make the declaration and undoubtedly it can advance arguments in support.
But what I heard from the Honourable Chief Justice is that he was not calling for abolition of the jury system. He advanced a sound and intelligent proposition that if an accused can be lawfully tried by a judge without a jury for the serious offence of Illegal possession of firearm, there can be no justification for a lesser or equally serious offence to be tried by jury and if his suggestion is accepted delays in the justice system would be reduced considerably.
- Owen S. Crosbie, attorney-at-Law and member of the Jamaican Bar Association
POLICEMAN'S POINT OF VIEW
Although the Government has in its responsibility for the country's security significantly failed in the minds of most Jamaicans, the people of Jamaica need to understand the concept of individual responsibility. In the interest of peace and safety, people should co-operate with the system of law enforcement.
What is probably worse than the crime itself is the see-and-blind-and-hear-and-deaf mentality of the people. Almost every crime that is committed is either seen happening, known about before, or known about after the act. But then there is silence.
This is partly due to fearfulness for safety and lives. But in spite of the heap of negativities, there are still major advantages through the use of cellphones and other anonymous systems like Crime Stop and Operation KingFish. There is no safety in reticence. There is no security in distrust. The police can only put a dent in crime. The citizenry has most of the answers in terms of who, when and where, but there is reluctance, giving them protection and the opportunity to do the same thing again.
The police alone cannot solve crime. It takes the populace and the powers that be in a co-operative united front with mutual trust and respect. Therefore, it behoves both people and Government to initiate a mutually conciliatory arrangement that will achieve reciprocity and a sense of peace.
- Constable H. Spencer, Manchester
