Plea of Guilty and the Law in Tanzania.

Lila, Shabani Ally (2023) Plea of Guilty and the Law in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

This study provides a comprehensive overview of the topic "Plea of Guilty and the Law in Tanzania” in the context of the legal framework governing plea of guilty in criminal justice system. The study addresses the problem of continued miscarriage of justice resulting from Judges and Magistrates‟ inappropriate conduct of pleas of guilty proceedings due to procedural irregularities they commit in the conduct of pleas of guilty proceedings. The study employs doctrinal legal research method whereby a critical examination of statutes, case law, and constitution is made and analysis of legal doctrines, principles, rules, and court decisions or precedents related to plea of guilty in criminal proceedings is made. The study has established that in criminal proceedings involving pleas of guilty, there are many mistakes that are made by judges and magistrates. These errors include, but not limited to inaccurate recording of pleas, improper recording of plea of guilty proceedings, insufficiency of narrated facts, inadequate explanation of the rights of the accused and criminal charges. The study has established that all such foregoing erroneous proceedings undermine the reliability and fairness of the overall plea process. The study recommends for a need of enhanced training for legal practitioners which include judges, magistrates, advocates, paralegals to comprehend the overall aspect of plea of guilty recording procedures and its implications in justice delivery. Further, the study recommends for a continued requirement for the prosecution to ensure that the facts they adduce prove the case beyond reasonable doubt within the ambit of the law so as to underscore the significance of a proper conduct of plea of guilty proceedings in Tanzania's legal system.

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