Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison

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

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Bibliographic Details
Main Author: Matagi, Peter Richard
Format: Dissertation
Language:English
Published: Mzumbe University 2023
Online Access:http://192.168.30.20:4000/handle/123456789/212
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author Matagi, Peter Richard
author_facet Matagi, Peter Richard
author_sort Matagi, Peter Richard
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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
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institution Mzumbe University
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publishDate 2023
publisher Mzumbe University
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spelling oai:41.59.85.69:123456789-2122023-08-08T03:00:33Z Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison Matagi, Peter Richard 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 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 remandees 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 analyse 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 rearrest 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. Mzumbe University 2023-08-07T12:09:22Z 2023-08-07T12:09:22Z 2016 Dissertation OSCOLA http://192.168.30.20:4000/handle/123456789/212 en application/pdf Mzumbe University
spellingShingle Matagi, Peter Richard
Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title_full Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title_fullStr Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title_full_unstemmed Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title_short Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
title_sort reasons for chronic existence of prison congestion in tanzania critical analysis of the law and practice at musoma prison
url http://192.168.30.20:4000/handle/123456789/212
work_keys_str_mv AT matagipeterrichard reasonsforchronicexistenceofprisoncongestionintanzaniacriticalanalysisofthelawandpracticeatmusomaprison