The recently concluded Budget Debate concentrated on some of the major economic and governance issues that Jamaica now faces. When the Sectoral debates open, there will be the opportunity for parliamentarians to discuss issues relating to reducing crime and violence and the reform of the justice system, both of which are necessary for the development of the nation. Improved law enforcement and better administration of justice will only be possible if Jamaicans of all walks of life accept that the wider community must become involved in creating a better tradition of law and order than we have experienced in recent times. A new sense of public ownership of the justice system is as necessary to our well-being as is a commitment to rebuilding confidence in the competence, integrity and humanity of the police force.

While we accept that the judges and magistrates who preside over criminal cases are committed to carrying out their duties fairly, a lot more of that professional integrity is needed to build public confidence in the justice system.

Delayed trials

The most serious problem facing the administration of criminal justice is that criminal trials take much too long to be completed. In many instances, cases have to be abandoned because eye-witnesses and police personnel are not available.

The Constitution gives persons who are accused of crime the right to a fair hearing within a reasonable time by an independent and impartial court established by law. Although victims and the witnesses have no specific constitutional protection, the maxim 'justice delayed is justice denied' applies to their experiences of the justice system. The delays and the frustrations of repeated attendance at court lead them to feel that the system does not give sufficient weight to their interests and feelings. The conscientious police officer who has investigated a case but never knows when it will be heard is also affected by the delays of the court system. These delays encourage the hardened criminal to believe that there is a reasonable chance that his case will fail because witnesses will become frustrated and eventually will not come to court.

Community tribunals

This cynicism and distrust of the police, together with the belief that the State cannot provide speedy resolution of disputes, has encouraged some people to take the law into their own hands. Some inner-city communities have established their own court systems which enforce their orders by strict inhumane punishments. According to our sister publication, THE STAR, these community tribunals are "responsible for most, if not all, legal matters". These courts challenge the state system of justice that is enshrined in the Jamaican Constitution to guarantee the democracy and freedoms that it is designed to protect. The harmful effects go beyond these communities. If the existence of these courts is accepted or even seen as preferable to the formal system, it means that there is no forum where abuses of human rights by citizens and the police can be challenged.

We cannot build a nation if some of our citizens live under the rule of law and others do not. The rule of law must apply to all Jamaicans in all circumstances. Restoring public confidence in the ability of the justice system to speedily resolve disputes must be a high priority of the reform process. It must go hand in hand with the creation of a new human rights culture as the foundation of the administration of criminal justice.