Stuart Jack

Should some serious cases be tried without a jury?

Cayman’s Police Commissioner, David Baines, this week gave a powerful talk to the local Chamber of Commerce. He pointed out that crime was not as bad as popular impressions might suggest – some offences like assaults had actually reduced. There had been a spike in burglaries this year but special police burglary teams are getting a handle on this (and the levels of burglaries remain much better than many countries). 

The numbers of murders, 6 so far this year, are unchanged from 2008 and robberies are down. But the use of guns and type of violence involved are of concern. Only a small number of criminals are responsible and the police know who they are. The biggest problem is securing convictions. In this small community people are afraid to come forward as witnesses or, as members of the jury, to find violent men guilty. 

Commissioner Baines argued that we should look at witness anonymity and judge only trials. I agree we must explore these options but we must also take care over safeguards if exceptions are made to the normal rules of criminal trials. Cayman’s new Constitution does not include a requirement for trial by jury, though this was vigorously debated during the negotiations on the Constitution.

Posted at 20:02 02 October 2009 by Stuart Jack  |  Comments[1]