Browsing by Author "Mtana, Ignas Gaspar"

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    A reflection on confessions made to police officers and their effects in the administration of justice
    (University of Dar es Salaam, 1990) Mtana, Ignas Gaspar
    The purpose of this dissertation is to examine in detail confessions made to Police Officers and their evidential value in the administration of justice. We are operating on a premise that all confessions so to be proved are viewed with suspicion both by the Courts and the defence side (Defence Counsel ). That is so because, although confessions made to Police Officers are admissible once it is proved that they were made voluntarily; courts are reluctant to accept them readily. This follows their prejudice that whatever comes from a Police Station was extracted from the accused by exerting pressure on him some extent makes the task of the prosecution more difficult especially when such confessions are retracted or repudiated. In examining the nature and extent of the problem we shall Endeavour some ways of improving the administration of justice bearing in mind the statutory obligations placed upon the prosecution to prove the voluntariness of confessional statements. We shall survey the background of the ''exclusionary rule" before Independence and after the promulgation of our Tanzania Evidence Act 1967. Also we shall discuss the reasons that mounted the Parliament to abolish the exclusionary rule as per Act 19 of 1980. Further to that, we shall examine the Judicial approach on confessions made to Police Officers vis - a - vis extra -judicial statements administered by Justice of Peace and Magistrates. We shall make some recommendations aimed at reforming the present position so as to make the task of the Prosecution a fair and a just one. Such recommendations are believed to all fairness, act as a safeguard to the accused person for proper administration of justice. Lastly, we would like to point out that, though the discussion will mainly be centred in Tanzania, a comparative short survey on other East African countries as well as England and India on similar situations will be shown.