THERE HAS BEEN much talk and debate about the jury system in recent times and especially after the verdict in the Kraal case involving SSP Adams. But what is this jury system and why is it so important to our justice system.
Sir William Blackstone in 1756 said: "Trial by jury ever has been and I trust ever will be, looked upon as the glory of the English law... it is the most transcendent privilege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals".
So important is this pillar of the justice system that Lord Devlin remarked: "So that trial by jury is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives".
The history of this system of trial by jury will show that over the years there have been several modifications. For instance, you may now have majority verdict.
PRELIMINARY INQUIRY
In Jamaica, the Jury Act (hereinafter called 'the Act') provides that every person between 18 and 65 years of age whose name is on a current voters' list is qualified and liable to serve on juries. However, persons who are not Commonwealth citizens, cannot speak, read or write English and at the date required to serve is awaiting trial in the Resident Magistrate's Court on an indictable matter or is committed for trial at Circuit or has a preliminary inquiry pending or has been convicted of treason or any offence for which he has been sent to prison for over six months is not qualified to serve as juror.
In most jurisdictions, and Jamaica is no exception, serious criminal matters such as murder, manslaughter, rape, carnal abuse among others are tried by jury. In murder cases, the jury would consist of 12 members one of whom is called a 'Foreman'. The jury to try an issue before a court is selected by ballot in open court from the panel of juries selected by the Registrar. The accused man has the right to challenge the jury as he comes to be sworn. There are specific numbers of challenges that he is allowed to make depending on the charge.
So at the start of the trial the jury is empanelled. The prosecution opens its case and calls its witnesses to the stand. Each witness will be cross-examined by the defence. At the close of the prosecution's case, the defence may make what is called a 'No case submission'. These are submissions in law that do not concern the jury so the judge would ask that the jury remain out of hearing until required. Each time the jury leaves the room, they would be reminded by the trial judge not to discuss the case with anyone. If the judge agrees with the submission in law by the defence, the jury would be returned to the courtroom and instructed by the judge to return a verdict of not guilty.
DEFENCE TEAMS
This is what happened with three of the accused in the Kraal case. If the case has to continue, the Defence would give evidence. If evidence is given on oath, these witnesses would be cross-examined by the prosecution. At the close of the defence case, there would be the final speeches by the lawyers on both sides. Then the summing up by the trial judge, who the jury would now pay careful attention for the first time, having been consumed with the high drama displayed by the prosecution and defence teams so far.
Finally, the case is in the hands of the jury. They have received all the directions in law and the judge has told them that they must now go and consider the case. The case is considered. The jurors agree. Back in court, the Foreman stands and the clerk will ask whether or not they are all agreed on the verdict and then the all important question: Do you find the accused guilty or not guilty.
Recent comments in the media might not be very encouraging for jurors to serve but without them there would be an eternal darkness in the justice system. We must always remember that the jurors are judges of the facts so if proper directions are given on the law by the trial judge and then the jury takes times to consider the case, the jury's verdict must be respected and this is important for the survival of the justice system.
Keith Bishop is an Attorney-at-Law and partner in the firm of Bishop & Fullerton. He can be contacted by email at knb@bishopfullerton.com
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