The jury is out...

This week, we move the conversation on the salient aspects of our resetting Ghana series within the context of the criminal justice system, to the jury system of criminal trials.

There have, in recent years, been calls for the abolition of its use in our criminal justice system, such calls reaching a crescendo post the absurd jury verdict in the Gregory Afoko and Asabke Alangdi case, where the jury delivered the somewhat contradictory verdict in relation to the two accused persons on conspiracy and murder (see Graphic online, April 28, 2023).

The jury is out on whether to do away with the jury system relative to criminal trials but, if you ask me, a dyed-in-the-wool believer, I will advocate its retention, albeit with modifications.

For those of our cherished readership who are not familiar with the criminal justice system, a jury is a collection of individuals of diverse backgrounds and stature who are selected randomly to listen to the facts in a criminal trial and deliver a verdict after legal direction from a judge.

It has its origins in the Frankish Inquest when Louis the Pious, son of Charlemagne, introduced it in France.

The system of jury trials became institutional with the enactment of the Magna Carta which ushered in civil liberties and rights in the UK. At the outset, a jury was a body of witnesses called for their knowledge of a case.

Juries became triers of fact following reforms in criminal trials instituted by King Henry VI of England.

The idea of jurors is founded on the belief that to get justice when accused of crime, it is better to be tried by your peers. 

The celebrated English Jurist, Blackstone, once wrote that juries are “the strong and two-fold barrier between the liberties of the people and the prerogatives of the Crown.

This is because the truth of every accusation must be (proved) confirmed by the unanimous suffrage of twelve of his equals and neighbours, indifferently chosen and superior to all suspicion”. 

Jury system

The community-inspired, people-centred jury system of trial is partly anchored on the belief that judges are sometimes too responsive to the voice of higher authority. So the jury system serves as a bulwark against arbitrary power of the state.

In essence, jurors reflect a fundamental decision about the exercising of official power - a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or group of judges.

This is underpinned by the controversial but widespread belief that judges are, by dint of their training and learning, sometimes removed from the ordinary vicissitudes of life.

Juries also, by virtue of the citizenry’s involvement, infuse a sense of belonging which in turn leads to acceptance and ultimately inspires confidence and trust in the administration of justice.

The foregoing, without doubt, shows that there is a case for the maintenance of trial by jury in our criminal justice system.

Problems

There are, however, some problems associated with its operation which need to be eliminated.

The pool of eligible jury members for selection needs to be expanded.

In Ghana, institutions and government departments are asked in writing to nominate staff for jury service.

Almost invariably, they do not allow for their ‘best brains’ to go on jury service.

This in turn affects the quality of the human material available.

Also, the allowances paid to jurors are ridiculously low and this is a matter of crucial importance as the low pay allowance makes jurors susceptible to corruption and bribery. 

It is very hard for the ordinary citizen to be away from their work or business activities for extended periods of time. Many have to travel long distances to attend court.

It is not unheard of for trials to take more than five years with jurors required to attend once a month over this period. But by far the greatest bane of the jury system in Ghana, in my humble opinion, is the practice of ‘career jurors’.

These are jurors who are continually recycled by the courts to try different cases.

They hop from one court to the other and sometimes can be empanelled to try different cases simultaneously.

Not only does the practice make them visible but, more importantly, they delay trials when, as frequently happens, the cases in which they are involved clash.

In resetting the criminal justice system, we advocate the retention of jury trials but forcefully canvass for modifications to align with global best practices. 

The writer is a lawyer.
E-mail: georgebshaw1@gmail.com