Wednesday, December 15, 2010

Try it by Jury!

I've lived long enough in North America to have observed the brutal differences between its justice system and that of the Philippines. I've also lived in a household headed by a lawyer and I've had some exposure in a top law school, and in the U.S, had worked in a top New York law firm for five years.

North America (Canada and the U.S.) employs the jury system. The Philippines has a sole judge who decides on a case.


In the Philippines, I've known first hand how documents can be easily altered and how certain judges can be made to rule in favour of defense no matter how guilty the party is, all for the RIGHT AMOUNT OF MONEY. Hey, every Pinoy knows about this!

So, now that the Philippine Supreme Court had reversed the ruling of the Trial Court and the Appelate Court, and granted freedom and a verdict of innocence to Hubert Webb, et al in the case of the Vizconde murders, I say the Philippines should adopt the trial by jury system.

In a trial by jury, there would be several individuals to hear, try and rule on a case. In that scenario, it would be more difficult to influence a whole group of individuals with varying degrees and levels of education, moral values and convictions, even if a defendant/s were awash with cash.


True, bribing can be easily done because we're talking of ordinary mortals but I further say that if jury system is to be opted into the judicial system, a system of checks should be in place. Such as an independent body which will do random review of closed cases, a jury pool to be scrutinized by NGOs, civic groups and journalists, and a a system where a well known civic or church leader is always made a part of any jury.

Let's start believing in the capacity of the ordinary Pinoy to mete out justice; we've seen so many cases of injustice already. Enough is enough.

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