Ghana’s jury crisis: implications for constitutional human rights

Abstract

ABSTRACT Historically deemed a necessary safeguard for the individual against the power of the state and a form of democratic participation, jury trials in Ghana now raise legitimate concerns regarding costs, delays and juror competence. Further, the ‘professionalisation' of this civic duty and the failure of courts to sanction errant jurors undermine the reputation and legitimacy of the court. This paper first highlights the merits of the jury as a democratic institution and provides a concise historical outline of Ghana and its legal system. It then assesses the degree to which various constitutional rights, including the right to a fair trial and trial within a reasonable time, may be violated by the manner in which juries are used in Ghanaian criminal cases. The paper concludes by arguing that the government should not heed calls to abolish the jury and ardently advocates the ‘jury crisis’ be remedied through constitutional and legislative reform.