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 Periodical article |
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| Title: | The enforcement of corporal punishment and criminal justice in Tanzania |
| Author: | Malangalila, Prosper |
| Year: | 2009 |
| Periodical: | Journal of African and international law (ISSN 1821-620X) |
| Volume: | 2 |
| Issue: | 3 |
| Pages: | 151-168 |
| Language: | English |
| Geographic term: | Tanzania |
| Subjects: | corporal punishment legislation |
| Abstract: | Corporal punishment is enforced in Tanzania as one of the sentences for certain crimes. A number of laws allow the administration of corporal punishment, including the Corporal Punishment Act, the Minimum Sentence Act, the Sexual Offences (Special Provision) Act, the Penal Code and the Criminal Procedure Act. In criminal justice, the sentence is intended to achieve one or all of the following: deterrence, retribution, restitution, reformation and security. Despite the fact that corporal punishment is lawfully enforced in Tanzania, there are doubts as to whether it serves any of these purposes, or whether it is torture and an inhuman and degrading treatment which should be removed from the penal system. The author provides a historical perspective of corporal punishment in Tanzania and examines the philosophy behind its use before discussing various international, regional and national laws which provide that corporal punishment amounts to torture and is a degrading punishment. He concludes that corporal punishment is effected as additional punishment and does not serve the purpose of retribution. Corporal punishment is unconstitutional, amounts to torture, is a degrading punishment, and should be abolished. Notes, ref. [ASC Leiden abstract] |