Legal Reforms in Sierra Leone… Parliament Should Expand and Not Retrench Jury Rights

By Issa Francis Kamara, esq.

Since 2018, Sierra Leone has implemented major legal reforms, signaling a shift from its previous practices. Most notably, among many others, the country has eliminated the death penalty, which had historically been used to silence opposition. Another significant reform was the abolition of laws that barred Creoles from owning property in the provinces, a change praised by critics like Sylvia Blyden.

Despite the advancements, enacting the Criminal Procedure Act 2024 is a step backward. This legislation removes the provision for jury trials in severe criminal cases, a development many view as a regression. The right to a jury trial is not just a procedural matter but a fundamental aspect of ordered liberty and representative democracy. It guarantees that individuals are judged by their peers, embodying principles of fairness and justice.

In light of these principles, Parliament must reconsider its stance on jury trials. Instead of limiting these rights, lawmakers should aim to improve and expand them. Safeguarding the right to a jury trial aligns with Sierra Leone’s commitment to democratic governance and the protection of human rights. Therefore, parliamentary action should be focused on strengthening, rather than weakening, this fundamental aspect of the legal system.

England expanded upon the concept of jury trials with Clause 39 of the Magna Carta in 1215. This pivotal clause laid the groundwork for limiting arbitrary governmental power by affirming the right to lawful judgment by one’s peers or by the law of the land. This principle was later formalized in England, and it is embodied in its more recent iteration in legislation, such as the Juries Act 1974, which standardized the jury system to ensure fair trials and protect against governmental overreach.

The jury system is also enshrined in the US Constitution and the Sixth Amendment guarantees the right to a jury trial in criminal cases, ensuring that individuals that are accused of crimes are judged by a panel of their peers. Similarly, the Seventh Amendment secures the right to a jury trial in civil cases. Furthermore, the Fifth and Fourteenth Amendments reinforce these protections by guaranteeing due process of law, which includes the right to a fair trial before an impartial jury.

The jury system, rooted deeply in democratic practices and historical legal reforms, remains a vital bulwark against arbitrary power and a palladium of justice in democratic societies like the United States and England. Its enduring significance underscores its role in upholding fairness, protecting individual rights, and ensuring that legal judgments reflect the will and judgment of the community.

Before making any significant reforms, the Sierra Leone Parliament should seek advice from legal experts, scholars, and academics specializing in jury systems. Their insights are crucial in shaping a thorough expansion of jury rights, a topic that requires further exploration beyond the scope of this discussion.

Juries are widely regarded as pillars of liberty within democratic societies. Their role transcends mere judicial processes; they symbolize the community’s collective conscience and ensure that justice is served and seen as fair and impartial. The electorate plays a crucial role in the election of parliament members and the president in every election cycle. During trials, the electorate also serves as arbiters of the facts, acting as a buffer between the rich and the poor, the powerful and the powerless, and the politicians and the common man. They serve as a check and balance with the courtroom against an impartial judge. They are an equalizing force in the equilibrium of justice.

Despite challenges such as administrative complexities, costs, and societal considerations, which may pose obstacles to maintaining jury systems, these should not outweigh the undeniable benefits they bring to the legal system and democratic governance.

The jury system in Sierra Leone should be modernized in line with international best practices and lessons learned from other countries. By expanding jury rights and refining their application in various legal contexts, Sierra Leone can uphold justice, enhance democratic governance, and reaffirm its commitment to protecting individual rights within the legal framework. Therefore, any reforms should prioritize expanding and empowering the jury system to ensure its continued relevance and effectiveness in pursuing justice. These reforms should improve the jury system’s effectiveness, inclusivity, and integrity by addressing procedural inefficiencies, ensuring broader community representation among jurors, and bolstering public trust in the judiciary.