Our judicial system is a replica of our colonial master's design at the time to keep us within the commonwealth. Our independence gave us the right to govern ourselves using their legal construct as the basis. The tribal system was emanated from their legal structures to preserve the interest of the elites and their neo-colonial minded politicians. Our branches of governance are not independent in carrying out their duties as the prime minister has powers to appoint and fire at will, we need to change that by granting important institution statutory powers. Our crime rate today, which is averaging 50-65 per thousand with a population of only 2.5 million citizens is one of grave concern. The political penetration of our judicial system has allowed for its paralysis. The poor are the only ones subjected to the injustices of this system, while the rich use their connections and riches to undermine the work of our judiciary. Also, as a result of a weak judiciary, some section of the police, which is highly politicized, perpetuates serious human rights violation during its operations.
The primary changes we will ensure occur:
- Independent Judiciary, statutory powers, independent police commission, reform of our prison system to emphasize rehabilitation and skill training, choice of justice minister must be approved by Judiciary Board.
- The Judiciary must be an independent arm of government, with all the necessary instruments at its disposal to discharge its duties. The independence of the Judiciary must be established and financially supported. The Chief Justice must be appointed by a Judicial Board of Jamaica and recommended to Parliament for confirmation.
- The Judicial Board shall comprise of the Chief Justice, the President of the Court of Appeal, three judges from the Supreme Court and Parish Courts, three attorneys-at-law appointed by the General Legal Counsel and three lay-citizens of Jamaica appointed by (1) the Council of Churches, (2) the Private Sector Organization of Jamaica, and (3) the National Integrity Agency. The Judicial Board must comply with its mission statement which will state that its paramount aim is the best interests of the nation and its citizens in its pursuit of justice.
- The JPM is in favor of the Caribbean Court of Justice as the final arbiter of legal proceedings in Jamaica and promotes the abolition of appeals to the Judicial Committee of the Privy Council.
The Department of Public Prosecutors
The chief prosecutor must be appointed by Parliament, but must first be approved by the Judicial Board. This entity must have at its disposal, the necessary tools to carry out its mandate to prosecute all who violate the public’s trust and/or the laws of Jamaica and the Constitution. All other entities of enforcement of our laws and criminal justice system must come under the umbrella of the Department of public prosecution.