Impact of the Justice System on the Caribbean Society and Culture

What is the Justice System?

This refers to the ideas and beliefs in a society about protecting and preserving the rights and
obligations of the citizens of a country.
The manifestation of the Justice System includes:
 Police
 Law makers (Legislatures)
 Court (Judiciary)
The Justice System in the Caribbean has often been accused of “colonial” in nature. This is
because the Caribbean continues to rely on the laws and legal practices adopted from the
countries that colonized the region in the 1500s.
At independence, Caribbean countries adopted forms of the Westminster Model of
Government, which is a democratic parliamentary system, with a head of state, and head of
government.
The Caribbean has developed several courts to ensure human rights and to prosecute the laws in
the region. However, some Caribbean countries rely on the
Privy Council in England as their final court for disputes. Some have replaced the Privy Council
with the Caribbean Court of Justice (CCJ).
All Caribbean countries accept the original jurisdiction of the CCJ, but not all accept appellate
jurisdiction.
Theoretical Perspective of the Justice System
Functionalist

 Preserve social order

 Equity among all people
 Crime and deviance comes about because of the breakdown of society.

Marxist

 Promote inequality and disunity

 The ruling class controls the justice system and prosecute the working class. The laws are
created by the ruling class.
 Working class is unaware of how unfair the justice system is because of the false class
consciousness.
Impact of the Justice System on society
1) Social order and social control- prevents crime and deviance
2) Preservation of established social norms, values and beliefs.
3) Protects the rights of minorities:
o Indigenous people
o Women
o Children
o Elderly
o Disabled
4) Works with the other social institutions to ensure order, e.g., family and religion
5) Can be biased and unfair for some Caribbean people, especially those from poor socio-
economic background, despite its heavy emphasis on “equality before the law”.
Constitutions can restrict the rights of some people, for example, children and criminals
not allowed to vote.
6) Solve social ills overtime. When a problem arises, laws are created to solve that problem
or minimize the effects of the problems.