Comparative law and justice/Jamaica

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Part of the Comparative law and justice Wikiversity Project

Subject classification: this is a comparative law and justice resource .

Bschindler 0705 19:40, 9 February 2010 (UTC)

Basic Information

  • 0-14 years: 31.4%
  • Male-451,310
  • Female-436,466
  • 15-64 years: 61.1%
  • Male-851,372
  • Female-875,132
  • 65 years and older: 7.5%
  • Male-94,833
  • Female-116,815
  • Area: 10,991 sq. km[3]
  • Location: Found in the Caribbean, just south of Cuba, to the west of Haiti and the Dominican Republic, and to the east of the Cayman Islands
  • Major Cities and their populations(1991):[4]
  • Kingston- 587,798
  • Portmore- 90,138
  • Spanish Town- 92,383
  • Mandeville- 39,945
  • Ocho Ríos- 8,189
  • Port Antonio- 13,246
  • Negril- 4,184
  • Montego Bay- 83,446
  • Ethnic Groups: Black-91.2% Mixed-6.2% Other or unknown-2.6%
  • Religions: Protestant 62.5% (Seventh-Day Adventist 10.8%, Pentecostal 9.5%, Other Church of God 8.3%, Baptist 7.2%, New Testament Church of God 6.3%, Church of God in Jamaica 4.8%, Church of God of Prophecy 4.3%, Anglican 3.6%, other Christian 7.7%), Roman Catholic 2.6%, other or unspecified 14.2%, none 20.9% [5]

Brief History

Christopher Columbus claimed the territory in 1494 for Spain after sailing to the island and upon reaching the island tried to get rid of the indigenous people.
In 1655 the English Admiral William Penn and General Robert Venables seized the island from the Spanish and took control of the island for England.
During its first 200 years of British rule, Jamaica became one of the world's leading sugar-exporting, slave-dependent nations, producing more than 77,000 tons of sugar annually between 1820 and 1824.
By the beginning of the 19th century, Jamaica's heavy reliance on slavery resulted in blacks (Africans) outnumbering whites (Europeans) by a ratio of almost 20 to 1.
Following a series of rebellions and changing attitudes in Great Britain, the nation formally abolished slavery in 1834, with full emancipation from chattel slavery declared in 1838.
In 1872, Kingston became the island's capital.
Jamaica slowly gained increasing independence from the United Kingdom and in 1958, it became a province in the Federation of the West Indies, a federation among the British West Indies. Jamaica attained full independence by leaving the federation in 1962.
The optimism of the first decade was accompanied by a growing sense of inequality, and a sense that the benefits of growth were not being experienced by the urban poor. This, combined with the effects of a slowdown in the global economy in 1970, prompted the electorate to change government, electing the PNP (People's National Party) in 1972. However, despite efforts to create more socially equitable policies in education and health, Jamaica continued to lag economically, with its gross national product having fallen in 1980 to some 25% below the 1972 level. Rising foreign and local debt, accompanied by large fiscal deficits, resulted in the invitation of the International Monetary Fund (IMF) financing from the United States and others, and the imposition of IMF austerity measures (with a greater than 25% interest rate per year).[6]

Economic Development, Health, and Education

  • Population growth rate: 0.755%
  • Birth rate: 19.68 births/1,000 population
  • Death rate: 6.43 deaths/1,000 population
  • Sex ratio:
  • at birth: 1.05 male(s)/female
  • under 15 years: 1.03 male(s)/female
  • 15-64 years: 0.97 male(s)/female
  • 65 years and over: 0.81 male(s)/female
  • total population: 0.98 male(s)/female
  • Infant mortality rate:
  • total: 15.22 deaths/1,000 live births
  • male: 15.81 deaths/1,000 live births
  • female: 14.61 deaths/1,000 live births
  • Life expectancy at birth:
  • total population: 73.53 years
  • male: 71.83 years
  • female: 75.3 years
  • Literacy:
  • definition: age 15 and over has ever attended school
  • total population: 87.9%
  • male: 84.1%
  • female: 91.6% (2003 est.)
  • GDP(purchasing power parity): $23.36 billion (2009 est.)
  • GDP per capita(PPP): $8,300 (2009 est.)
  • Agriculture - products: sugarcane, bananas, coffee, citrus, yams, ackees, vegetables; poultry, goats, milk; crustaceans, mollusks
  • Industries: tourism, bauxite/alumina, agro processing, light manufactures, rum, cement, metal, paper, chemical products, telecommunications
  • Exports: $1.422 billion (2009 est.)
  • commodities: alumina, bauxite, sugar, rum, coffee, yams, beverages, chemicals, wearing apparel, mineral fuels
  • Imports: $4.625 billion (2009 est.)
  • commodities: food and other consumer goods, industrial supplies, fuel, parts and accessories of capital goods, machinery and transport equipment, construction materials

[7]

Governance

  • Monarch: Queen Elizabeth II
  • Governor-General: Patrick Allen
  • Prime Minister: Bruce Golding

Constitution of Jamaica

The 1962 constitution established a parliamentary system based on the U.K. model. As chief of state, Queen Elizabeth II appoints a governor general, on the advice of the prime minister, as her representative in Jamaica. The governor general's role is largely ceremonial. Executive power is vested in the cabinet, led by the prime minister.

Parliament is composed of an appointed Senate and an elected House of Representatives. Thirteen Senators are nominated on the advice of the prime minister and eight on the advice of the leader of the opposition. General elections must be held within 5 years of the forming of a new government. The prime minister may ask the governor general to call elections sooner, however. The Senate may submit bills, and it also reviews legislation submitted by the House.

It may not delay budget bills for more than 1 month or other bills for more than 7 months. The prime minister and the cabinet are selected from the Parliament. No fewer than two or more than four members of the cabinet must be selected from the Senate.

The judiciary also is modeled on the U.K. system. The Court of Appeals is the highest appellate court in Jamaica. Under certain circumstances, cases may be appealed to the Privy Council of the United Kingdom. Jamaica's parishes have elected councils that exercise limited powers of local government.[8]


Elections

Suffrage is 18 years of age and is universal for those who are citizens of Jamaica. The monarchy is hereditary. Governor general is appointed by the monarch on the recommendation of the prime minister and ollowing legislative elections, the leader of the majority party or the leader of the majority coalition in the House of Representatives is appointed prime minister by the governor general. The deputy prime minister is then recommended by the prime minister. [9] In the legislative branch, the bicameral Parliament consists of the Senate (a 21-member body appointed by the governor general on the recommendations of the prime minister and the leader of the opposition. The ruling party is allocated 13 seats, and the opposition is allocated 8 seats) and the House of Representatives (60 seats; members elected by popular vote to serve five-year terms). [10]

Judicial Review

Petty Session

Resident Magistrate's Court

Civil matters tried at a Resident Magistrate’s Court include recovery of possession, recovery of rent, granting of probate and letters of administration. The Resident Magistrate’s Court has no power to hold a trial for certain criminal offences including murder, treason and rape, however in such cases a Preliminary Examination or enquiry into the charge is held. In this enquiry, unlike a trial where the objective is to determine whether the defendant is guilty or not guilty, the purpose is to determine whether the evidence is sufficient for the accused to stand trial at the Supreme Court. The jurisdiction of this Court is defined by Statute.[12]

The Supreme Court

The Circuit Court is the criminal jurisdiction of the Supreme Court that is convened in Parishes for the proper administration of justice. It is convenient for the parties involved, as it eliminates the need to travel to Kingston for the prosecution of cases.

The Circuit Court held for the parishes of Kingston and St. Andrew is called the Home Circuit Court, while that which is convened in the other Parishes are named after the respective Parish, for example, the St. Catherine Circuit Court or the St. James Circuit Court.[13]

The Court of Appeal

Courts and Criminal Law

Despite antiquated laws and overcrowded jails, Jamaicans generally have respected the rule of law and the system of justice inherited from the British. The principle of habeas corpus, which is rooted in English common law, is stated explicitly in Jamaican statutes enacted either before or since independence. It is also respected by the courts and police. Bail may be granted on a discretionary basis. The courts operate at three broad levels: the Court of Appeal; the Supreme Court; and the Resident Magistrate's Court, of which there are nineteen. Other judicial bodies are the Coroner's Court, Traffic Court, Petty Sessions Court, juvenile courts, Revenue Court, Family Court, and Gun Court (see National Security, this ch.). Justices of the peace, who are local notables without legal training, preside over courts of petty sessions.

The eight-member Court of Appeal is at the apex of the court hierarchy in Jamaica. This court is headed by a president, who is appointed by the governor general on recommendation of the prime minister after consultation with the leader of the opposition. It is also staffed by a chief justice and six other judges appointed by the governor general on the advice of the prime minister and the opposition leader. It sits in two divisions in Kingston throughout the year. A person who is dissatisfied with the decision of another court, except petty sessions, may appeal to this court. Section 110 of the Constitution provides that decisions of the Court of Appeal can be taken on appeal to the Judicial Committee of the Privy Council in London in grave civil or criminal cases, for matters deemed of great public importance, or as decided by Parliament or the Court of Appeal itself. The Privy Council is given final jurisdiction on interpretation of the Constitution.

The Supreme Court is headed by the chief justice, who is appointed in the same manner as the president of the Court of Appeal. It is also staffed by five other judges, a senior puisne judge, and other judicial officials. The Supreme Court has unlimited jurisdiction in civil and criminal cases and can dispense summary justice without jury in certain criminal cases. It sits in Kingston for the trial of civil cases; for criminal cases, it serves as a circuit court in the capital town of each parish.

The Resident Magistrate's Court, which includes the Petty Sessions Court, deals with minor infractions, but may also indict an individual for a serious offense, which would then be adjudicated in a circuit court. Kingston has four resident magistrate courts; St. Andrew, three; and the other parishes, one each. Circuit court judges exercise broad discretion in imposing sentences for serious violations of law.

Constitutional provisions relating to the appointment and tenure of the higher judiciary provide safeguards for their independence from government. Appointments are made by the governor general in consultation with the prime minister, the leader of the opposition, and a judicial service commission. Judges are almost always appointed from within the judicial department of the civil service. [15]

Punishment

Corporal punishment was used in the country's history and usually consisted of whipping or flogging until being finally abolished in 1998.Article Abolishing Corporal PunishmentIt was issued as a result of conviction for criminals and as part of the sentence or punishment. Also corporal punishment has been used in Jamaican schools that typically involved a cane or strap.[16]

Legal Personnel

The Justice Training Institute was established in July 1997 to serve the training needs of the Justice System. It was established to design, develop, organize, co-ordinate and conduct training programs for personnel employed in the various agencies (Public and Private Sector) that serve the Justice System. The Institute, in consultation with the Chief Justice, caters to the needs of the Judiciary by organizing and co-coordinating training programs to satisfy its needs. The Institute also has responsibility for the training of Justices of the Peace. Additionally, it may undertake, participate in, or commission research into areas relevant to the Administration of Justice, and publish those research findings. It further structures its training programs/offerings on the basis of any relevant research findings. The Institute offers training in the following:

Law Enforcement

The Ministry of National Security is responsible for maintaining security and defense of Jamaica. The security of Jamaica is maintained through the the national forces of the Jamaica Defence Force, or JDF, and the Jamaica Constabulary Force, or JCF. The Jamaica Defence Force offers military service, while the Jamaica Jamaica Constabulary Force has the responsibility of maintaining the basic law and order within the country. Jamaica Police Academy administers the recruitment and training of entrants to the Force with a Commandant at the level of Superintendent of Police, heading the academy. The people of Jamaica face significant problems with the police, crime, gangs, and corruption. There have been reports of police not protecting and serving the community, but actually killing members of the community in what they call "shootouts". There also seems to be a good amount of corruption on the part of the police with bribes seeming to be prevalent. Also there is distrust in the justice system so often people are reluctant to report crimes, from fear of retaliation from gangs or the mishandling by the police force. The military, or Jamaica Defence Force, includes an infantry Regiment and Reserve Corps, an Air Wing, a Coast Guard fleet and a supporting Engineering Unit. It's duties are to defend the nation in the event of aggression, provide assistance to the police and other agencies in the event of civil disturbances or major disasters, and to do surveillance of Jamaica’s territorial waters in support of fisheries protection, anti-smuggling and narcotics control measures. The Jamaican Constabulary Force is the main police force in Jamaica and it's duties are to: keep maintenance of law and order, prevent and detect crime, the protection of life, investigate alleged crimes, and the enforcement of all criminal laws as well as immigration and alien control.[18]

Crime Rates and Public Opinion

Theft, assault, and robbery are also high in Jamaica

Police corruption, being understaffed and overworked can account for the numbers being less reliable or factual, however Jamaica still has one of the highest murder rates in the world as Nationmaster ranks them 3rd only behind Colombia and South Africa for murders(per capita)with 0.324196 per 1,000 people[19]

Rights

Family Law

[20]

Social Inequality

Family Code:

Physical Integrity:

Ownership Rights:

Human Rights

-the right to life
-the right to personal liberty
-freedom of movement
-freedom from inhumane treatment
-enjoyment of property
-freedom of conscience
-freedom of association
-respect for private and family life
-freedom from discrimination

[22]

Works Cited

  1. CIA-The World Factbook--Jamaica. 2010. "People". Population. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  2. CIA-The World Factbook--Jamaica. 2010. "People". Age Structure. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  3. CIA-The World Factbook--Jamaica. 2010. "Geography". Area. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  4. Wikipedia of Jamaica. 2010. "List of cities and towns in Jamaica". WEBSITE accessed April 30,2010. http://en.wikiversity.org/w/index.php?title=Jamaica&action=edit
  5. CIA-The World Factbook--Jamaica. 2010. "Population". Religions. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  6. Jamaica-Wikipedia. 2010. WEBSITE accessed April 30, 2010, http://en.wikipedia.org/wiki/Jamaica
  7. CIA-The World Factbook--Jamaica. 2010. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  8. Jamaica. 2009. "U.S. Department of State". WEBSITE accessed April 30, 2010. http://www.state.gov/r/pa/ei/bgn/2032.htm
  9. CIA-The World Factbook--Jamaica. 2010. "Government". Executive Branch. WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  10. CIA-The World Factbook--Jamaica. 2010. "Government". Legislative Branch WEBSITE accessed April 30, 2010. https://www.cia.gov/library/publications/the-world-factbook/geos/jm.html
  11. Ministry of Justice Jamaica. 2006. "The Courts of Jamaica." Petty Sessions. WEBSITE accessed April 30, 2010, http://www.moj.gov.jm/?q=node/view/39
  12. Ministry of Justice Jamaica. 2006. "The Courts of Jamaica." Resident Magistrate's Court. WEBSITE accessed April 30, 2010, http://www.moj.gov.jm/?q=node/view/38
  13. Ministry of Justice Jamaica. 2006. "The Courts of Jamaica." Supreme Court. WEBSITE accessed April 30, 2010, http://www.moj.gov.jm/?q=node/view/37
  14. Ministry of Justice Jamaica. 2006. "The Courts of Jamaica." Court of Appeal. WEBSITE accessed April 30, 2010, http://www.moj.gov.jm/?q=node/view/36
  15. Jamaica-GOVERNMENT AND POLITICS. WEBSITE accessed April 30, 2010, http://countrystudies.us/caribbean-islands/34.htm
  16. CORPORAL PUNISHMENT IN JAMAICA. 2010. "Country Files". Jamaica. WEBSITE accessed April 30, 2010, http://www.corpun.com/counjm.htm
  17. Ministry of Justice Jamaica. 2006. "Justice Training Institute." WEBSITE accessed April 30, 2010, http://www.moj.gov.jm/node/view/29
  18. Jamaica Information Service. 2007. "Ministries". Security. WEBSITE accessed April 30, 2010, http://www.jis.gov.jm/security/index.asp
  19. NationMaster. 2010. "Countries A-Z." Jamaica. Crime. WEBSITE accessed April 30, 2010, http://www.nationmaster.com/graph/cri_mur_percap-crime-murders-per-capita
  20. Representing Children Worldwide. 2005. "Jamaica." Jurisdiction Research. WEBSITE accessed 4/14/2010, http://www.law.yale.edu/rcw/rcw/jurisdictions/caribbean/jamaica/frontpage.htm
  21. Gender Equality in Jamaica. 2009. "Country Profiles." Jamaica. WEBSITE accessed April 30, 2010, http://genderindex.org/country/jamaica
  22. In a Nutshell the Jamaica Constitution, 1962. 1990. WEBSITE accessed 4/21/2010, http://www.jis.gov.jm/special_sections/bills%20&%20acts/pdf/constit.pdf
  23. Ministry of Justice Jamaica. 2006. "Human Rights-Ministry of Justice Jamaica." Human Rights. WEBSITE accessed 4/21/2010, http://www.moj.gov.jm/node/view/337
  24. Kaiser Family Foundation. 2009. "Continued Discrimination Against Jamaican HIV-Positive MSM Hinders Their Efforts To Seek Health Care, Advocates Say." Medical News Today 03/13/2009. Website accessed 04/21/2010, http://www.medicalnewstoday.com/articles/142145.php
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