Have you been trying to get on jury duty since you were 18 years old? Is being in an air-conditioned room, judging people in court whilst your meal is paid for, something that interests you? (That’s an Office Easter Egg for y’all)
Back to the serious stuff! Junior Chamber of Advocates organised Jury Duty: A Criminal Law Seminar aimed at law students and highlighted by some key speakers such as retired Judge, Antonio Mizzi and Dr Yanika Zammit Tabona.
Judge Mizzi opened the floor by emphasising a basic yet essential point which is the unfortunate massacre of the Maltese language in court documents. He stated that one must not think in English and translate into Maltese because many concepts will be lost in translation.
Jury Duty is not as easy as Stanley makes it sound. Judge Mizzi explains that a jury is a hands-on experience which is tailored according to the case and process.
Juries are only erected in case of a homicide, attempted homicide, drug trafficking, rape & money laundering.
A jury starts with the selection of its members. Everyone over the age of 18 is eligible for jury duty unless a person has a criminal record. They are chosen through random selection in a computerised system and the person may exempt himself from jury duty.
The longest jury known to Maltese history was six months long however, juries today only last days or very few weeks. A jury is made up of 9 people and 3 reserved people just in case one of the first nine people need to be exempted. In a jury, it’s either liberation or conviction and the score cannot be less than 6 people in favour/against and 3 people in favour/against.
Members of the jury may ask as many questions as they wish. As is tradition, a Judge normally exempts the members of jury for a period of time and throughout that period, they cannot be chosen for another jury duty.
Antonio Mizzi predicts a number of reforms in the next months regarding the process which leads to the establishment of jury proceedings.
From her end, Dr Yanika Zammita Tabona gave a lawyer’s perspective of the proceedings. She also emphasised how crucial the Maltese language is in court proceedings. If the accused person does not understand the Maltese language, an interpreter is hired because jury proceedings need to be heard in Maltese.
She candidly questioned whether jury proceedings are the right way to prosecute a case. She recalled a very recent trial which she participated in. A trial in which 2 dark-skinned persons were accused of rape amongst other accusations. She explained that the jury was made up of 9 white persons and then questioned the legitimacy of such a jury in a racially tensioned country.
Antonio Mizzi built upon her argument and emphasised that a Maltese citizen in this day and age has a number of skin colours.
The Advocate General may object to one of the chosen members of the jury. It is essential that they need to be independent and impartial. For this to happen throughout the whole proceedings, members of the jury are secluded in a hotel with minimal contact with the outside world including their own families.
Zammit Tabone stated that it is only the judge who ultimately interprets the law and the members of the jury are the judges of the facts of the case.
White shirt, plain ties and dark suits for men and sober colours and no miniskirts for women. This point was emphasised by retired Judge Mizzi who stated that this was not a point of discrimination. Many a time, he explained, he saw a number of lawyers parading around court with unsuitable attire.
In conclusion, jury duty is not just about eating shrimps at the hotel buffet and a police escort to court. It’s about taking notes, deliberating facts and making a decision which may ultimately affect a person’s life.