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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Capital punishment in the administration of justice in Tanzania: when rule of law becomes illegal
Author:Haule, Romuald
Year:2009
Periodical:Journal of African and international law (ISSN 1821-620X)
Volume:2
Issue:3
Pages:59-77
Language:English
Geographic term:Tanzania
Subject:capital punishment
Abstract:In Tanzania there is still provision in the criminal justice system for the death penalty for the offences of murder, treason and the misconduct of commanders who misbehave before the enemy under the National Defence Act, notwithstanding the fact that there is a widespread topical and controversial debate as to whether capital punishment should be retained or abolished. And although capital punishment still exists in the Tanzanian penal law and is applied by judges in the administration of justice, since 1995 no death sentence has been executed. The author highlights the position of capital punishment in Tanzania in its theoretical and practical aspects. He argues that the approach to the debate on abolishing the death sentence has undermined the need to raise public consciousness with respect to the incompatibility of capital punishment and human rights norms and principles. He concludes that the need to abolish the death sentence remains intact. Punishment of the criminal - the death penalty as retribution - runs counter to modern penology, which stresses the importance of a sentence as a way of helping an offender to reform. Nor has the death penalty succeeded as a deterrent if murder cases are not on record as having decreased due to its provision. Notes, ref. [ASC Leiden abstract]
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