Browsing by Author "Iteba, Bernadeta Charles"

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    Justice beyond punishment: analysis of the law regulating restorative justice to victims of crimes in Tanzania
    (University of Dar es salaam, 2019) Iteba, Bernadeta Charles
    This dissertation is based on an analysis of the law regulating restorative justice to victims of crimes in Tanzania. In brief, the main problem that this study investigated in whether the penal laws of Tanzania adequately provide for restorative justice to victims of crimes. This led to two hypothesis which are, that there is lack of restorative justice approaches in the current penal legislation leading to increase of crimes and enmity in the society; and that there is lack of restorative justice approaches (as supplementing forums for criminal cases resolution) in the current penal laws leading to increase in the backlog of cases pending before the courts. For the purpose of investigating the stated problem, the researcher employed interviews, questionnaires and focused group discussions to collect data from various group groups of respondents including advocates, magistrates, judges, state attorney and religious leaders. The study came up with two main findings. The first one is that lack of restorative justice approaches in the current penal legislation indeed leads to increase of crimes and enmity in the society. As restorative justice includes restitution, compensation, reintegration, reconciliation, community service, inclusion and amends, the fact that majority of these elements are not provided under the law, it means that there is no avenue for the parties to meet and be reconciled, hence the remain with the feeling of revenge and enmity. The second findings are that lack of restorative justice approaches in the current penal laws leads to increase in the backlog of cases pending before the courts. This is due to the fact that despite the normal court process, there is no another approach of solving cases. Lastly, the study recommends that changes should be made to our penal laws in order to allow restorative justice approaches because incorporation of these processes will bring flexibility and will complement the current system well