OBJECTIVE 6D

JUSTICE SYSTEM: POLICE, COURTS INCLUDING

CARIBBEAN COURTS OF JUSTICE, CORRECTION
 JUSTICE SYSTEM
◈ Justice system refers to the ideas and beliefs in a society about protecting and
preserving the rights of citizens.
◈ It is defined as the interaction between societal institutions that are identified with
social control, and regulation.
◈ It is a system through which laws are set and enforced, and punishments are
administered by state institutions.
◈ It is tied to the political, legal and judicial framework in a country.
◈ The political framework is based on the idea that citizens give their power to their
authorities so that they can decide how to protect their rights and interests.
◈ The legal framework is based on a system of laws placed fairly to everyone. ‘It is a
system of laws derived from the principles embodied in a constitution that treats all
citizens fairly and equally.
◈ The judicial framework is responsible for interpreting and implementing the laws
and applying justice where needed.
AREAS UNDER THE JUSTICE SYSTEM
 1. POLICE

◈ Their main focus is on the citizens of their respective countries.

◈ The police system maintains public order, enforce the law and investigates police brutality.
◈ Its role is to control and protect the population through enforcement of laws and protection of
life and property.
◈ Many officers in the police force throughout the Caribbean were either British or trained in
Britain. In some societies, the term police service is not widespread, force being preferred and
Royal continues to connect the police today in the Caribbean to their British origins.
◈ The maintenance of security is tied to development. In 2010, CARICOM decided to elevate
security as a priority in the Caribbean due to the high levels of crimes which hamper local
development.
◈ Police brutality can erode public trust in the force and judicial system when members overstep
their authorities.
◈ For example: In Antigua, there were reports of police brutality, discrimination against
homosexuals, corruption and excessive forces. In Trinidad and Tobago, police officers are
being arrested and charged for having the possessions firearms, being in connection with
Police organizations in the Caribbean

COUNTRY POLICE ORGANISATION

Jamaica Jamaica Constabulary Force

Barbados Royal Police Force of Barbados

Grenada Royal Grenada Police Force

St Lucia Royal St Lucia Police Force

St Vincent Royal St Vincent and the Grenadines Police Force

Antigua and Barbuda Royal Police Force of Antigua and Barbuda

Guyana Guyana Police Force

Belize Belize Police Department

Domingo Dominica Police Force

Trinidad and Tobago Trinidad and Tobago Police Service

 2. COURT
◈ Most Caribbean countries have both a lower and higher judiciary, as well as the Caribbean
Court of Justice.
a) The Lower Judiciary is formed by the magistrates. They preside over the Magistrate Court and
decide which cases should be sent for trial in the High, or Supreme Court. They mostly deals
with minor cases/criminal activities and send the serious ones to the High Court.
b) The Higher Judiciary consists of judges sitting in the Supreme Court. Some Caribbean
countries may combine the High Court and the Court of Appeal, whilst others may keep them
separate. The High Court holds trials by jury in criminal and serious cases. The Court of
Appeal decides whether the law has been interpreted correctly in disputed cases.
c) The Caribbean Court of Justice: the final and highest court of appeal. It attracts investments to
the region by providing stability by the law, involving the members of CARICOM. It deals at
present with cases related to regional integration, and to CARICOM, and has been involved in
the setting up of the CSME. (it is also known as the Privy council)
 3. CORRECTION SYSTEM
◈ The correction system refers to the final stage of the criminal justice system where someone
guilty of an offense is sentenced by a court of law.
◈ The role of this judiciary is to form a judgement on whether a crime has been committed and to
hand down punishment according to the crime. Minor crimes are usually punished by giving a
fine or community service. Serious crimes results in the sentencing of the offender to prison for a
period of time.
◈ It involves, not only punishing people through imprisonment, but also addressing their offending
behaviour and rehabilitating (to provide the encouragement and the means to reform) them at
the end of their sentence.
Correction works as follows:
1. The imprisoned person is secured which serves, not only as a form of punishment, but as a
deterrence(the action of discouraging an event, in this case crime, through instilling fear or
doubt of consequences), and a protection to individuals and society.
2. The needs of the imprisoned person are identified and an intervention program in order to
correct their behavior. These may include: group sessions, conflict resolution, anger
management, addiction treatment, reading, writing etc.
3. A reintegration program is then established to assist them to return to their lives.
IMPACT OF JUSTICE SYSTEM ON CARIBBEAN
SOCIETY AND CULTURE
 1. POSITIVE IMPACTS

◈ Domestic crimes are being accepted in the court as cases claimed for justice. Examples of these
domestic crimes include abuse, violence, harassment within different forms of relationships.
◈ The system of retirement at the age of 65 for citizens seems fair and just because it enables the
elderly to rest and the youths or young, qualified persons to find suitable jobs.
◈ There are laws that protects the rights of minors. For example, no one under the age of 18 is
allowed to vote and the convention on the rights of the child and the age of sexual consent.
These laws and restrictions are placed due to minors not being responsible enough to make
decisions regarding citizenship or matured.
 2. NEGATIVE IMPACTS
◈ There is chivalry in the court where women are always awarded their children’s custody and
child support laws are being enforced where the fathers are being placed in jail due to their
inability to pay. This leads to an unfairness between genders in the family.
◈ The justice system restricts same sex marriages which is illegal in most Caribbean countries.
◈ It also restricts abortion, which is also illegal in most Caribbean countries. In this case, the law is
acting as a protector of the unborn child.
◈ It also impose certain legal age restrictions. For example, compulsory retirement at age 65 can
cause discrimination between groups according to age. People under 18 are considered minors
and are unable to vote