Our Constitution is the supreme law of the land, and was made to ensure that our basic human rights are highlighted and protected. As discussed previously, we all have the right to our liberty, and if we are deprived of our liberty, we have certain rights which we can enforce. Similarly, the Constitution of Jamaica, speaks to the 'right to life'; however, it goes on to say that you can be deprived of this right if you have been convicted of a criminal offence.

According to our Constitution: "No person shall intentionally be deprived of his life save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted." What does this mean? Well, in short it means that you have your right to life; however, if you are found guilty and convicted of the offence of capital murder, you can be sentenced to death by a court of law.

Death Penalty

The death penalty, in essence, is an exception to the right to life. There have been many debates for and against the death penalty. The world is turning away from the use of death penalty and many countries around the world have abolished it, yet Jamaica holds on. If you

are sentenced to death, you have the right to seek commutation or pardon of the sentence. This pardon or commutation of the sentence of death may be granted in all cases. There have been landmark cases that have gone to the Privy Council from Jamaica in this regard.

Deprivation of life in other circumstances

The Constitution of Jamaica also speaks to circumstances in which you may be deprived of your life. The taking of a life by an individual or a police officer must be REASONABLE in the circumstances and must not be an excessive use of force. I will discuss a few of these below:

a) for the defence of any person from violence or for the defence of property;

If you are seen as a VIOLENT threat to the life or property of any person, it may be lawful for that person to take your life. This is viewed as SELF-DEFENCE. The use of lethal force should be used as a last resort and not as the first remedy.

b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

If you are attempting to escape or resist legal detention, your life may be taken by the police. However, the State must try to prevent arbitrary

killing of citizens by the police and the law must strictly control and limit the circumstances in which a person may be deprived of his life by the police.

c) in order to lawfully prevent the commission by that person of a criminal offence;

If you are about to commit a criminal offence, you may be deprived of your life. However, the circumstances must show that it was the ONLY REASONABLE option to prevent you from committing that criminal offence.

We all have our right to life, and this right should be protected at all cost. Governments and citizens alike should come together and work on protecting our fundamental rights and freedoms.

Matters of Justice, where justice matters.

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