Should Malta Consider Alternatives To Its Traditional Jury System?

Lorin Scicluna's acquittal in the Lassana Cisse murder case has reignited questions about Malta's jury system and whether other approaches could be considered.

The verdict has also brought back discussions surrounding the trial over the assassination of Daphne Caruana Galizia, with questions being raised about how serious criminal cases are decided in Malta.

Currently, Malta uses a traditional jury system in which nine citizens hear the evidence and decide whether an accused person is guilty or not guilty, while a judge presides over the trial.

However, jury trials are not the only way of deciding criminal cases. Several countries have adopted alternative systems which give professional judges a greater role in assessing evidence and reaching verdicts.

Here are five alternatives Malta could consider:

1. Judge-only trials: A professional judge hears the evidence, determines guilt and delivers a reasoned verdict. Malta already allows this in certain cases.

2. Mixed courts: Professional judges and ordinary citizens sit together, discussing the evidence and jointly deciding the verdict. Germany and Japan use variations of this model.

3. Specialised criminal courts: Complex cases could be assigned to judges with experience in particular areas of criminal law, such as organised crime or financial offences.

4. Question-based jury trials: Rather than simply returning a guilty or not guilty verdict, jurors answer specific questions about the facts and evidence. Spain uses this model.

5. Advisory citizen panels: Citizens assess the evidence and provide a recommendation, but the final decision rests with a professional judge. South Korea uses this approach.

Each approach has its own advantages and drawbacks. While some argue that professional judges may be better equipped to assess complicated evidence, others believe that juries are an important safeguard against concentrating too much power in the hands of the judiciary.

Any changes would also need to protect the right to a fair trial and maintain public confidence in the justice system.

With renewed questions surrounding Malta's jury system, do you think the country should consider alternatives to trial by jury?

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