MOJ Press Release

Chuck calls for victim-centred criminal
justice system

Minister of Justice, the Honourable Delroy Chuck, speaking at the 10^th Annual General Meeting of the Manchester Victim Support Unit Parish Advisory Committee held at the Las Palmas Conference Centre in Mandeville on Thursday (Nov. 17, 2011).

November 19, 2011- The Minister of Justice, the Hon. Delroy Chuck, wants the Jamaican justice system to be more victim-centred rather than offender-centred especially with regard to sentencing.

“…Our criminal justice system, regrettably, is not victim-centred. It is offender-centred, (it) looks at how we deal with or treat the offender. The victim is often seen as nothing more than a witness who should come to court and that’s it. Is that really fair to a victim of crime?”

According to Minister Chuck, it is time to consider having sentences determined in a more open way in which the victim gets an opportunity to express his or her view on what type of sentence should be imposed on his or her offender.

The Justice Minister was addressing the 10^th Annual General Meeting of the Manchester Victim Support Unit Parish Advisory Committee held at the Las Palmas Conference Centre in Mandeville on Thursday (Nov. 17, 2011). He was speaking against the background of the public outcry surrounding the sentence handed down in the Garsha Wilson case, the accused was given a sentence of 12 years imprisonment for abducting, raping and burying alive a 12 year old girl. Wilson was convicted of abduction, rape and attempted murder.

Mr. Chuck further suggested that there is an immediate need to look at sentencing guidelines, which would assist the judges in their sentencing. “We also now need to look at having a sentencing hearing where both sides can give their views as to what should be the appropriate sentence without taking it away from the judge; he will be the final arbiter. It seems to me that the judge should be assisted and should hear the emotional plea, the petitions of both sides.

“I don’t believe that it is fair to the victims of crimes that even though they assist in getting a guilty verdict that they should walk away and hear that the man/woman got a suspended sentence or only got a fine. That victim may feel very hurt that a proper sentence has not been imposed,” he said.

The Justice Minister explained that this happens in other countries, where the conviction having been obtained, there is a hearing, and the victim, their family and friends and also those of the offenders, give reasons why the sentence should be tempered with mercy and the victim and his or her family can also say why the sentence should be tempered with revenge.

“At the end of the day, the hands of the judge are not tied, but at least the judge, in imposing sentence, gets the opportunity to see both sides of the coin, why the sentence should be harsh or why it should be merciful. And in between those two sides of the coin he can decide on a sentence which fits the views and the opinions of both sides,” he said.

Mr Chuck also pointed out that some victims may even forgive their offender and would prefer if a harsh punishment is not imposed.

“There are many victims who would have forgiven their offender … That happens many times…it would be useful sometimes to hear how the victim feels in terms of what would be an appropriate sentence.”

Though this is not a policy of the Government at this time, Mr Chuck said he believed it was something that needed to be seriously considered. “It is something at this time that I’m extending and hope that I can get some discussion going in our society, within the courts, among judges and among citizens.”