In 2013, four laws were passed revising elements of jury selection, criminal offense classifications, and Magisterial Court jurisdiction. While not yet uniformly implemented at the time of writing, the laws are intended to have a variety of effects on the justice system.
Modifications to Criminal Offense Classifications
The law entitled, “An Act to Amend Title 26 of the Liberian Code of Laws Revised, Penal law, Chapter 50 Relating to Sentencing and Related Matters” modified the classifications of criminal offenses. Those offenses previously categorized as Third Degree Felonies were reclassified as First Degree Misdemeanors. First Degree Misdemeanors were reclassified as Second Degree Misdemeanors. Second Degree Misdemeanors were reclassified as the newly created category of Third Degree Misdemeanors. The new hierarchy of offenses and the corresponding punishment available under that offense are as follows:
| Level of Offense | Punishment Available |
| First Degree Felony | Not more than 10 Years Imprisonment (Unless Statute states otherwise) |
| Second Degree Felony | Not more than 5 Years Imprisonment |
| First Degree Misdemeanor | Not more than One Year Imprisonment (Changed from three years) |
| Second Degree Misdemeanor | Not more than 4 months Imprisonment
(Newly Created) |
| Third Degree Misdemeanor | Not more than 30 days Imprisonment |
- What is the impact of Reclassifying Levels of Offenses?
- Changes the appropriate forum to hear certain offenses (Both Civil and Criminal)
- Changes the levels of penalties for particular offenses
- Changes the right to Jury Trial for certain offenses
- Changes the recommended Bail levels – though these were not previously subscribed to
- Changes the requirement for an indictment for certain offenses
- Impact on Right to Jury Trial
The right to a Jury Trial exists for Felony Offenses only. Jury trials are not available for misdemeanor offenses. This means that offenses previously classified as third degree felonies, and which are now classified as first degree misdemeanors, no longer entitle the accused to a Jury Trial
Modifies the Jurisdiction of Magisterial Courts
The law entitled, “An Act to Amend Chapters 17 of the Liberian Code of Laws Revised, Judiciary Law, Chapter 4 Relating to the Jurisdiction of the Debt Court; Chapter 7 Relating to the Magistrates Court and Related Matters” modified the jurisdiction of Magisterial Courts. Under the new law, Magistrates may hear civil actions for: Recovery of money or chattel of less than $14,999.99; Debt of up to $2,000.01; and Recovery of real property or rent up to $14,999.99. Magistrates may hear criminal actions for: Examinations of persons charged with an offense over which a superior court has jurisdiction alleged to have been committed within magisterial areas – except cases of rape or sexual violence – and extending to contiguous areas without a magistrate or justice of the peace court; and Magistrate Courts also have exclusive original jurisdiction in criminal cases for: Petit Larceny; Misdemeanors of first, second, third degree; as well as violations of vehicle and traffic law, except when there is a traffic court in the area. In regards to Civil Cases, the new law’s effect is as follows:
| Type of Civil Case | Under the Old Law | Under the New Law |
| Recovery of Money or Chattels (property) | $2,000.01 | $14,999.99. |
| Real Property or Rent | $500 | $14,999.99 |
| Debt | $2,000.01 | $2,000.01 |
In regards to Criminal Cases, the new law’s effect is as follows:
| Under the Old Law | Under the New Law |
| Petit Larceny (thefts described as a second degree misdemeanor) | First Degree Misdemeanors |
| Second Degree Misdemeanors | |
| Third Degree Misdemeanors |
Modifications to the Jury Law
The laws entitled, “An Act to Amend Title 2 of the Liberian Code of Laws Revised, Criminal Procedure Law, and Chapter 20 Relating to the Conduct of the Trial” and “An Act to Amend Title 1 of the Liberian Code of Laws Revised, Civil Procedure Law, Chapter 22 Relating to Juries and Jurors” modify the process for Jury Selection. Under these new laws, an individual is entitled to a trial by jury in criminal matters if charged with a crime other than petit larceny, or first, second, or third degree misdemeanors. In Civil matters, an individual is entitled to trial by jury where the value of the amount in controversy exceeds US$14,999.99 or the Liberian Dollar Equivalent.
Under the new law, juries are selected by the newly created Office of Jury Management (OJM) under the Judiciary. The OJM is responsible for jury selection, organizing the central jury pool, and ordering the number of jurors necessary for the functioning of the Circuit Courts. The OJM is headed by the Jury Manager and each Circuit shall have a local office of Jury Management. The Clerk of Court provides the OJM with the number of jury trials on the docket. The Jury Rolls are prepared by OJM for each Judicial Circuit, with the source of the roles drawn from: Databases of Liberian Institute of Statistics & Geo Information Services, Civil Service Agency, Elections Commission, National Social Security and Welfare Corporation. Jury Manager will randomly select jurors for a year. OJM will prepare jury rolls for each judicial circuit and a competent authority will inquire about jurors to ensure that they have not been disqualified for some reason. The OJM will submit updated jury rolls to local OJM every year for the local OJM to determine if the individuals can be place on a jury list. The local OJM will, at the end of each term of court, prepare a Jury list for the upcoming term, which shall be kept confidential. The OJM will select 42 people from Jury list. The Judge selects 15 to serve as grand jurors. Before a trial, each of the remaining 27 receive a card w/ a number. Cards are randomly drawn, and selected jurors are subject to questions according to the Criminal Procedure Law 22.5 and 22.6 (Jury challenges).
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