The judiciary

DEMOCRACIES ARE characterised by the separation of functions and powers between the three branches of government: the legislature, the executive and the judiciary. The judiciary is one branch of the democratic government system. The judiciary interprets the law, decides disputes and applies the Constitution in the name of the State. The judicial authority of the Caribbean is vested in the system of courts, as well as judges and magistrates who sit in these courts.

The judiciary is tasked with ensuring equal justice under the law. The branch must be strictly independent, impartial and non-political as the principle of the separation and balance of powers commands.

WHY DO WE NEED THE JUDICIARY?

It is responsible for protecting and preserving the rights and obligations of its citizens.

It is also responsible for the implementing of the laws by ruling on conflicts, fairness and justice.

It is based on the Constitution, which enshrines the basic rights and freedoms of citizens, the political principles on which a nation is built, as well as the power and rights of governing bodies, and it guarantees judicial independence. From the information above, what is the function of the judiciary?

To interpret law.

To enforce law by the administration of justice. To make case law.

This is carried out through the court system, which maintains law and order. The court may award punishment to individuals, such as probation, community service, fines, bonds, imprisonment, and even the death penalty. These punishments are usually carried out in order to:

Punish an offender for deviant actions.

Deter offenders from repeating such offences. Deter other persons from even thinking about committing such acts.

Rehabilitate offenders so that they may become productive citizens after they are released.

Protect society from such deviant individuals, most of all.

At the head of the judiciary is the chief justice, who presides over the Judicial Service Commission. The chief justice is nominated by the head of state with the head of government’s approval, after consultation with the leader of the Opposition.

THE LEVELS OF THE JUDICIAL SYSTEM IN JAMAICA

The Judicial Committee of the Privy Council

This court serves as the last instance of appeal for several independent countries that were formerly part of the British Empire. It is located in London in the United Kingdom (UK). However, the Caribbean Court of Justice (CCJ) is an emerging regional judicial body intended to replace the Judicial Committee of the Privy Council.

THE CARIBBEAN COURT OF JUSTICE

The decision or the agreement that established the Caribbean Court of Justice (CCJ) was initially signed on January 14, 2001. The CCJ was implemented as of March 2005 in some countries. This court is seen as necessary for countries that are now independent and opting for the introduction of an indigenous jurisprudence. The CCJ will be the final court of appeal of civil and criminal decisions of the Courts of Appeal for Caribbean Community (CARICOM) members which, at present, send their appeals to the Judicial Committee of the Privy Council.

By instituting this native court to the islands, it is hoped that the CCJ will:

Enhance access to justice in terms of reducing distance.

Lowering the expense for populations of the Caribbean Community.

Establish much-needed respect to the binding authority of its decisions.

Guarantee public acceptance and belief in its administration of justice.

THE COURT OF APPEAL

The Court of Appeal is the last court that an individual can turn to for justice in Jamaica. Members of the Court of Appeal include the court president, the chief justice and six justices. If an individual is not satisfied by a ruling of another court, then he/she may appeal to this court. At the Court of Appeal, the judges listen to appeals on the record of evidence presented at a previous trial. If the sentences given at this prior trial were not legally justified based on the evidence looked on, they can overturn or add to the sentence previously given in the lower court. They can also corroborate that justice was already served.

THE SUPREME COURT/THE HIGH COURT/CIRCUIT COURT

The Supreme Court deals with both criminal and civil cases. A judge and a jury comprising citizens preside over criminal cases, but only a judge sits for civil cases. Criminal cases originate from the parish judges.

A criminal case: The person accused in this case is said to have committed a crime against the government and against an individual. Criminal cases includes murder, manslaughter, rape, and other notable major felonies.

A civil case is a legal case that involves disputes between individuals or organisations in which some form of recompense is usually given to the victim. Civil cases includes divorce, judicial separation, wills and bankruptcy.

THE PARISH COURTS

The parish courts is referred to as lower courts of records in the island. It, however, has influence over common-law actions, cases involving land, issuing of warrants, granting of bar and dancehall licences, and it conducts groundwork inquiries and investigation into doubtful or mysterious causes of death.

THE PETTY SESSION COURT

This court is controlled by justices of the peace (JP). The JP has the powers to issue warrants following on non-compliance to summons. Motto: Serve, Protect and Reassure.

The police organisation is the principal group in constant contact with the population and the criminal justice system.

The responsibilities of the police include: a. To keep watch by day and night. b. To preserve the peace. c. To detect crime. d. To apprehend or summon before a justice, persons found committing any offence, or whom they reasonably suspect of having committed any offence.

e. To serve and execute all summonses, warrants, subpoenas, notices and criminal process issued by any justice in a criminal matter.

To fulfil these duties, police officers are given powers and a wide discretion with which to use them. They must carry out their duties with honesty, common sense and good judgement. Therefore, the public has the right to anticipate the highest professional standards of behaviour from every officer.

According to Alonzo Thompson, chief of police city of Spartanburg, South Carolina, looking at – challenges facing law enforcement in the 21st Century: May 2017

The “challenges facing law enforcement in the 21st century” are numerous and varied, dependent upon whether it is a local, state or federal entity. Domestic terrorism, gangs, illegal narcotics, gun violence, cyber crimes, social media, behavioural health and highway safety issues pose significant challenges for law enforcement at all levels, and this is not an all-inclusive list by any means. In addition to those widely recognised

concerns, there exist three pressing matters that are demanding our immediate attention, particularly at the local level:

(1) Community-police relations;

(2) Recruitment and retention; and

(3) Budgetary restraints. Our ability and capacity to respond appropriately and effectively to the aforementioned concerns are largely dependent upon how well we manage these three foundational issues”. Can the comments of Mr Thompson relate to conditions in Jamaica? Explain your answer.

THE ROLE OF THE PRISON SYSTEM

A prison is a public building used for the confinement of people convicted of serious crimes. Prison is a place used for confinement of convicted criminals. Aside from the death penalty, a sentence to prison is the harshest punishment imposed on criminals. Confinement in prison, also known as a penitentiary or correctional facility, is the punishment that courts most commonly impose for serious crimes such as felonies. Prisons have four major purposes. These purposes are retribution, incapacitation/societal protection, deterrence and rehabilitation.

Retribution: This is a penalty that is imposed for a crime to provide some form of recompense to the victim, while also penalising the offender.

Deterrence: This is using punishment of others to send a warning to people considering committing crimes.

Rehabilitation: The main goal of rehabilitation is to prevent recidivism by providing counselling, basic educational training and desired values and attitudes.

Societal protection: In most instances imprisonment is used, which separates offenders from the community, thereby removing or reducing their ability to carry out criminal acts.

ACTIVITIES

1. Using the information above, draw the structure of the Jamaican judiciary system. Clearly outline the function of each court.

2. State THREE reasons the judiciary arm of government is necessary for any country.