Reasons for chronic existence of prison congestion in Tanzania: critical analysis of the law and practice at Musoma prison
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Date
2016
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Mzumbe University
Abstract
The purpose of the study was to establish the actual situation of the prisons
congestion in Tanzania mainland and its effects to the inmates. The problem which
became the outcry not only for inmates both prisoners and remandee themselves,
but also is the outcry of the members of their families as well as the nation itself and
all the Tanzanian citizens though the impact is indirect. The study has shown the
effects to the inmates example grass violation of human rights, homosexual spread
of HIV, though the prison of Tanzania mainland are governed and managed by the
good written domestic laws, international and Regional legal instruments related to
the good treatment of inmates and management of prison. The objective of the study
was to examine the lacuna and deficiencies of the components of criminal justice
system in Tanzania in the implementation of justice, investigation arrest, prosecution
and to sentence one to imprisonment and its effects. The research was deeply based
on the reality from inmates themselves at Musoma prisons who successfully showed
reasons which lead to prisons‟ congestion in Tanzania Mainland. The researcher
used qualitative method to analyze data to enable the researcher to interpret data and
at the end make conclusion and recommendations. Findings from the research show
that some of the provisions and procedures are badly applied by the components of
criminal justice. Though the number of provisions on the legislations relating to
criminal justice system in Tanzania are good, they had two way traffic on the
advantage of the Republic, for example sections 98(a), 91(1) and 225 (1) & (5),
where it is not barred to withdraw and rearrests again, and institute the charge with
the same facts. Thus, it is recommended that there should be criteria for application
of rules and procedure as well as changing some provisions in some legislation,
especially the use of Community Service Act, probation offenders and the
presidential pardon.
Description
A dissertation submitted in partial fulfilment of the requirements for the award of Degree of Master of Law in Constitutional and Administrative Law of Mzumbe University
Keywords
prisons congestion, criminal justice system, inmates and management of prison, prosecution, Investigation arrest, Imprisonment
Citation
Chicago