The world and everything in it has undergone a radical change. We must never be afraid to change with it, but that change must be for the better of humanity.

Trial by jury is an aged concept that ensures that one’s peers, that is ordinary people, are accountable to each other for decisions made in a trial, rather than to a judge (who is paid by the Government).

A jury’s role is to provide unbiased views to evidence presented in a case. To do so, jurors rely on varying experiences and common sense, and by doing so give impartial views. Jury service is one of the pillars of fairness in a trial.

The common law system of jurisprudence on which our legal system was built has one of the most time-honoured practices — the right to trial by jury. Our constitution accepts all common law principles, including the right to trial by one’s peers.

In Jamaica most of our judges are appointed to the bench from the prosecutorial arm of our legal system. It would be naive of us of to think that prosecutors and defence attorneys are devoid of biased views, even though both sides strive for justice.

It has always been my view that if one’s career path is to be a judge then one should be exposed to both sides of the criminal bar; ie prosecution and defence. There are exceptions to the rule however, as some people have a natural and inherent tendency to be balanced, objective, and fair, and they make the best judges; and we know who they are.

For me, jury trials are one of the pillars of democracy. We live in a democratic country in which civilised societies are built, and democracy is one of the principles I hold dearly to. It is important that every individual is confident that at his/her trial those who deliberate over guilt or innocence are impartial, unbiased, and are made up of individuals from a wide cross section of society. That is why it is trial by one’s peers and not an individual limited in experience and from a particular social group, devoid of exposure to the wider society.

Every accused who stands before a court must feel that he/she has been fairly treated. It is said that there can be no peace without justice. Justice and fairness go hand in hand. Each juror who sits on a case considers the standard at which he/she wants society to operate. It is a civic participation that builds social participation and the social standards by which we live, and is vital to human and social development. To remove it would be to do a great disservice to our nation. We should be building social participation as a young nation, not seeking to limit it.

Democracy, therefore, has a great political impact on society, and jurors are a part of that democratic process. A jury system improves the quality of justice, social behaviour, and social norms, as jurors are required to put themselves in positions of responsibility, to exercise fairness and impartiality, and to make decisions regardless of biased and personal feelings. That is how societies are built.

In the present novel coronavirus pandemic, I know that it would seem prudent to have trials by a judge alone. But we must assess whether we are throwing away the baby with the bath water. The only other civil pride I know in a democracy is the right to vote. We have not made civic pride a priority in Jamaica and we are now experiencing a decline in the appreciation of our democratic right to vote. Be careful about the changes you feel are pragmatic.

Valerie C Neita-Robertson is a Queen’s Counsel. Send comments to the Jamaica Observer or valerie.crobertson@gmail.com.