Plea-Bargaining Jurisprudence in Criminal Cases in Tanzania.

Malangahe, Shaban Jumanne (2020) Plea-Bargaining Jurisprudence in Criminal Cases in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

Administration of the Police and Prosecution central players in the justice delivery system must be guided by the cardinal maxim that justice must be manifestly seen to be done at all times. This principle however is more easily stated than applied to a set of facts in a given case. Different people could view a supposedly just outcome of a case with criticism or open controversy. In such a case it is more likely the perception of justice of such people would vary markedly from the official position. In most jurisdictions the police or equivalent institutions have the monopoly of the investigative process mainly because the bulk of crimes are reported to the police. In some jurisdictions the police in addition to investigation undertake the prosecution of suspects as in the case of Tanzania. On the other hand the very role of prosecution does raise several issues. What role should a public prosecutor play? Should he/she be an investigator in the sense that the prosecutor takes part in the investigation as well as the prosecution of offenders? This study examines the effectiveness of the legal and institutional frameworks governing Plea Bargaining Negotiations in Tanzania and suggests ways to a fair plea bargaining. To obtain desired results doctrinal legal research methodology is mainly employed and supplemented by an empirical method. The study end recommends what should be done to make plea bargaining fair to both parties in the bargaining negotiation.

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