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Periodical article | Leiden University catalogue | WorldCat |
Title: | Lay People in the Administration of Criminal Justice: The Law and Practice in Tanzania |
Authors: | Kyando, L.A.A. Peter, C.M. |
Year: | 1993 |
Periodical: | African Journal of International and Comparative Law |
Volume: | 5 |
Issue: | 3 |
Period: | October |
Pages: | 661-682 |
Language: | English |
Geographic term: | Tanzania |
Subjects: | criminal law judges courts Law, Human Rights and Violence Health and Nutrition |
External link: | https://heinonline.org/HOL/Page?handle=hein.journals/afjincol5&id=677&collection=journals&index=journals/afjincol |
Abstract: | This paper examines the use of lay people in decisionmaking in the courts of law in the United Republic of Tanzania. During the colonial period, an assessor system was introduced which involved the presence in the courts of lay 'assessors' who were not regarded as part of the court system but rather as expert witnesses who were there to assist the court. This system was continued after independence. The authors pay attention to the role of assessors in the primary courts, the district courts, the High Court, and the Economic Crimes Courts, showing that at the lower judiciary, assessors have been given a wider role to play. They further discuss the selection and qualifications of assessors and recommend some changes concerning the appointment system, the constitution of panels of assessors, and the position of the assessor vis-à-vis the magistrate. They argue that a more enhanced system of peoples' participation in the administration of justice in Tanzania is justified and that a form of jury trial could be introduced. Notes, ref. |