As strong as its weakest link . . . The Criminal Justice System in Barbados

In 2019, we have recorded a staggering 48 murders in Barbados. Even more concerning are the circumstances in which these crimes were committed. We have seen a brazen daylight murder in one of our busiest malls, a teenager murdered by a peer on the premises of their school and a tragic triple homicide on the day dedicated to celebrating national pride. To add insult to injury, a large number of these murders were committed by young men under the age of 25. Naturally, these events have shaken the Barbadian society to its core and sparked a national debate on the issue of crime. Though dialogue is always encouraged, we must not replace rational thought with purely emotional responses. From what I’ve observed, we have yet to critically assess the root of the problem or the ways we can fix it. Instead, we have begun the traditional Barbadian exercise of “finger-pointing”.

The most popular opinion appears to be that the judicial system and the slow pace at which justice is delivered in Barbados has led us to this point. Others argue that the Executive, specifically, the Prime Minister and the Attorney General are at fault and have provided no plan of action to tackle the increase in crime. Some contend that the Royal Barbados Police Force lacks the necessary human and technological resources and is failing in its duty to protect and serve. From a social perspective, parents complain that our teachers are failing the nation’s youth. In turn, teachers criticize parents for their unreasonable expectations and for failing to “do the work” at home.

As a starting point, we must first recognize that no specific entity is to blame. In fact, the criminal justice system, by design, encourages collaboration and interdependency in order to be effective. And by way of an early disclaimer, when I refer to the criminal justice system, I am not referring solely to the judicial system. I am referring to the legal and social institutions responsible for delivering an efficient, effective, accountable and fair criminal justice process. This includes the police, the prosecution service and defence attorneys, the courts, the prison and probation authority and the community. It is especially important to make this point because most of our discussions seem to lack a sound understanding of what the criminal justice system is and how it works. This, unfortunately, appears to be the root cause of our willingness to finger-point and highlights why we need to understand our system before we can fix it.

In Barbados, our criminal justice system comprises the following key components:

–       The Royal Barbados Police Force (‘RBPF) enforces laws, works with communities to prevent crimes, maintains order and conducts investigations;

–       The Department of Public Prosecutions (‘DPP’) institutes proceedings and prosecutes crimes on behalf of the State and us, the Barbadian society;

–       Criminal defence attorneys represent defendants in all criminal proceedings and ensure that the rights afforded to the accused are upheld;

–       Judges and magistrates interpret and apply the law and determine a sentence proportionate to the offence committed;

–       The Barbados Prison Service enforces the decision of the courts by punishing and rehabilitating offenders and the Probation Department oversees their eventual absorption into society; and

–       The community assists with providing information about the illegal activities and cohorts of criminals, sitting on juries, volunteering as witnesses and has an important social role in influencing and shaping public attitudes towards criminal justice.

A point could be made that most people are already aware of these components. But, while that may be true, another problem lies in the fact that we tend not to look beyond their individual objectives and ignore that the work of each component is directly linked to another. What this means is that any shortcoming, lapse or failure in one, can and does affect the efficiency of the entire system.

Consider this example: we seem to be aware of the challenges faced by our judicial system here in Barbados, but have we ever considered how the other components of the criminal justice system could have possibly contributed to the current state of affairs? If we have communities filled with hopelessness and distrust, they will do little to assist the RBPF with their investigations. Insufficient evidence gathering by the RBPF will make it difficult for the DPP to lay a charge, much less argue a case beyond all reasonable doubt. If the evidence collected does not meet a certain standard, court proceedings can grind to a halt to facilitate further investigations or judicial intervention. This, in turn, contributes to delays and backlogs. This is only one small example of how interconnected these components are. It highlights the important role of the community and demonstrates the ripple effect it can have on the ability of law enforcement, the prosecution and the courts to be effective in their respective roles.

If we could inform our discussions with an understanding of the above, we might just be able to create the system we need – a criminal justice system which is capable of investigating and adjudicating criminal offences effectively and impartially, while ensuring that the rights of suspects and victims are protected. One which creates a delicate balance between fear and fairness – fear of what will happen once the wheels of justice turn in the way they were intended to, fear of aggressive investigative processes, fear of firm prosecutorial techniques and fear of the consequences which flow from committing these criminal acts. Fairness, on the other hand, will preserve the integrity of the system. It will ensure transparency in every aspect of the process, it will ensure that criminal trials are conducted in a reasonable time and it will dictate adherence to principles like ‘innocent until proven guilty’.

A new decade is upon us in a matter of days and we need to make a conscious effort to gain a new perspective and a better understanding of some of the issues we’ve faced to inform the way forward. I encourage you to continue your discussions, but this time try to replace finger-pointing with a sense of self-accountability. Consider your role in the system, how you might have contributed to where we are now and start thinking about the ways you could make it better. It could be as simple as reinforcing the value of respect and obedience to your children or as novel as ensuring that efficiency is not compromised for speed in the performance of your public duty. Make no mistake, the success or failure of our criminal justice system is ultimately the responsibility of us all – Lest we forget, a chain is as strong as its weakest link!

Latoya McDowald is an attorney-at-law and  Certified Court Manager.