Doubts that Jury system best serves Justice

Leo Olivero

A growing number of people including organisations are once again questioning the effectiveness of the ‘Jury System’, a disturbing situation where Gibraltar’s Jury Service appears to be back in the dock. 

The ‘Jury Service’ lies at the core of criminal justice system. Locally there has always been a poor and timid response to perform jury service. Disturbing really, when the jury service is a constitutional responsibility for every citizen who generally loathe and dread the call-to-duty when they receive a notice/summons to potentially serve in a Supreme Court criminal trial.

An important argument in support of the jury system is that, it is a valued form of citizen participation in democracies. Those in favour mainly argue that juries minimise state oppression by having an unbiased group of one’s peers, instead of a judge, decide the fate of an accused person. But not all agree.

Jury Service In The Dock Again; ‘Impartiality’ a Concern

In a society where trial by one’s peers is a constitutional right and regarded as sacrosanct the jury issue is again being raised. Serious questions are being posed even in legal circles as to whether or not trial by jury should be abolished or at least be the exception rather than the rule.

 

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