Caribbean Studies Essay Justice System

Name: Christian Bryden Date: 14/01/2015 Lecturer: Mr. Duncan Whattley (Big Lice) Subject: Caribbean Studies

The Impact of the Justice System as a Social Institution on the Caribbean Society and Culture

Today, our Caribbean justice system has been based on the norms of the society so they are suited to satisfy the majority of the citizens based on their value system. The justice system undoubtedly has an effect on each and every one of us as an individual, social groups and other social institutions. Taking a step back, it is first very important to understand what the justice system is. The justice system can be referred to as the interactions between the social institutions that are clearly identified with social control. The perception held by an individual of the justice system may be determined by the experience they have with the justice system making it highly subjective and opinionated. In a wrap however, an ideal justice system is mainly concerned with the maintenance of a society where the individuals under its umbrella are to be treated justly and fairly, in theory. On the scale of an individual, the impact is dependent on an initial condition: whether the individual follows statute laws or customary laws. The use of customary law may be highly prevalent in culturally plural societies. In most cases, the customary law acts benignant to the individuals protecting the individuals’ rights to perform religious custom, such as Rastafarians being granted the permission to wear dreadlocks to school or Muslim women being allowed to wear hijabs. However, the justice system can also be exploited by some people due a biased legislation. The victims of this are usually people who are impecunious. For instance, due to the males’ traditional role as the breadwinner of the family, women are able to exhort them for child support even when they are unable Page 1 of 3

to pay resulting in jail time (Jeniffer Mohammed, 2007). This is the justice system that can be seen in a negative light depending on the eyes of the beholder. Secondly, certain legislation may concern on a specific social group depending on age, religion, sexual orientation, etc. Some social groups are given special provisions and/or restrictions by laws and conventions. These actions for protection are based on the ideology of the justice system. One popular age restriction is that individuals under 18 years of age are considered minors, under somebody’s responsibilities, and cannot vote or drive. The ideology behind this is that the minors do not have enough experience to be mature or responsible enough to make decisions about citizenship and their own personal well-being. On the other scale of the age range you have the compulsory retirement of the elderly (person 65 years and older). This is one form of the legal belittlement of the elderly. Despite the expectation that the retirement would be wellsuited to give the less physically able a nice long rest, the idea is actually centred on the need for jobs to be available for the young, newly qualified person. In order for this to be done, an age limit has to be placed on employment. However, the elderly may be mentally stimulating to the businesses they work at and often times the elderly do not wish to take retirement and long to cling on to any reminder of their youth. The discrimination of the elderly is referred to as ‘ageism’ and is deeply rooted in the justice system as a social institution. Thus, the justice system must to some remain unbiased and stop discriminating to ensure the fairness that they claim to strive towards. Naturally, as family has evolved over time, the justice system has become increasingly more intrinsic in family affairs. The termination of a marriage which was once a customary or religious act has now become a legal act called divorce. This situation get more complicated if the relationship had produce children in which the custody of the child is all decided in a legal matter in which the court, not the parents, decide which parent is fit to care for the children. This is a clear indicator of the newfound importance of the justice system in the family as a social institution. Many domestic crimes such as abuse, violence and harassment are valid claims for justice in the court of law. As many Caribbean families are governed by patriarchy, the justice system sees that the rights of women are protected. This includes the manipulation of the Family Court by females to get child custody and child support in unfair circumstances. The justice system also has a great effect on LGBT Page 2 of 3

families (Lesbian Gay Bisexual Transgender). For instance, though adoption and parenting are prohibited for LGBT families, they still have the same domestic violence protections as a traditional family. With the evidence presented, it is clear to see that the justice system is playing a pivotal role in institutions.

Ultimately, the justice system has been shown in a true light, identifying its benefits to Caribbean society and culture as well as potential flaws in the ideology. However, the impact on society as a whole was eluded due to the fact that it is clearly observable from where the readership stands and has varying effects depending on the type of society. From an individual to a group to an institution, the justice system’s impact is eminent.

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