CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.

AUGUSTINE
UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

Criminal Justice is the system of practices and institutions of governments directed at

upholding social control, deterring and mitigating crime, or sanctioning those who violate laws
with criminal penalties and rehabilitation efforts.
Criminal justice system is the set of agencies and processes established by governments
to control crime and impose penalties on those who violate laws. How the criminal justice
system works in each area depends on the jurisdiction that is in charge: city, county, state, federal
or tribal government or military installation. Different jurisdictions have different laws, agencies,
and ways of managing criminal justice processes1
Most criminal justice systems have five components that are, law enforcement, prosecution,
defense attorneys, courts, and corrections, each playing a key role in the criminal justice
process.
Law Enforcement: Law enforcement officers take reports for crimes that happen in their areas.
Officers investigate crimes and gather and protect evidence. Law enforcement officers may arrest
offenders, give testimony during the court process, and conduct follow-up investigations if
needed.
Prosecution: Prosecutors are lawyers who represent the state or federal government (not the
victim) throughout the court process-from the first appearance of the accused in court until the
accused is acquitted or sentenced. Prosecutors review the evidence brought to them by law
enforcement to decide whether to file charges or drop the case. Prosecutors present evidence in
court, question witnesses, and decide (at any point after charges have been filed) whether to
1 http://www.victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crimevictims/the-criminal-justice-system visited 0n 04/11/2014
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CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.AUGUSTINE

UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

negotiate plea bargains with defendants. They have great discretion, or freedom, to make choices
about how to prosecute the case.
Defense Attorneys: Defense attorneys defend the accused against the government's case. They
are ether hired by the defendant or (for defendants who cannot afford an attorney) they are
assigned by the court. While the prosecutor represents the state, the defense attorney represents
the defendant.
Courts: Courts are run by judges and magistrates whose role is to make sure the law is followed
and oversee what happens in court. They decide whether to release offenders before the trial.
Judges accept or reject plea agreements, oversee trials, and sentence convicted offenders.
Corrections: Correction officers supervise convicted offenders when they are in jail, in prison,
or in the community on probation or parole. In some communities, corrections officers prepare
pre-sentencing reports with extensive background information about the offender to help judges
decide sentences. The job of corrections officers is to make sure the facilities that hold offenders
are secure and safe. They oversee the day-to-day custody of inmates. They also oversee the
release processes for inmates and sometimes notify victims of changes in the offender's status.
A law enforcement agency (LEA) is any agency which enforces the law. This may be a
local or state police such as Tanzania police force, field force unity and other agency like
Prevention and Combating of Corruption Bureau, prison officers and the society per se.
The operation and the role of various law enforcement agencies under the criminal justice system
of Tanzania can be described as follows,

CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.AUGUSTINE

UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

Police force, the primary role of the police force is to enforce the law. The first contact
victims have with the police usually happens when they call for help or make a complaint.
Complaints, or calls for service, usually result in an incident report. Police may interview victims
and any witnesses to see if there is enough evidence to lay a charge. Also the first contact a
defendant has with the criminal justice system is usually with the police (or law enforcement)
who investigate the suspected wrongdoing and make an arrest, but if the suspect is dangerous to
the whole nation, a national level law enforcement agency is called in. When warranted, law
enforcement agencies or police officers are empowered to use force and other forms of legal
coercion and means to effect public and social order. Police are primarily concerned with
keeping the peace and enforcing criminal law based on their particular mission and
jurisdiction.
Also The core functions of the Police Force in Tanzania are stated under Section 5 2 state
as follows: The Force shall be employed in and throughout the United Republic for
the preservation of peace, the maintenance of law and order, the prevention and detection
of crime, the apprehension and guarding of offenders and the protection of property.
Furthermore the law gives the police officer the power to grant bail3.
However, when the police in performing their functions are endowed with much power,
which if not controlled effectively it can be abused and occur injustice and breach of human
rights. In many African countries, the Police Acts vest the control in the head of the police force,
but subject it to the directions given by the President or the Minister, which are binding.

2 Police Force and Auxiliary Services Act Cap 322

3 See section 64 Criminal Procedure Act, Chapter 20 R.E 2002
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CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.AUGUSTINE

UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

Prison and jail, this is the place where people who are convicted by the court brought to
receive their punishment/sentences under the supervision of prison officers. Where as A prison
officer has responsibility for the security, supervision, training and rehabilitation of people
committed to prison by the courts. This includes motivating prisoners to do what is best for
themselves and others around them within a safe and healthy environment. In Tanzania the major
role of prison is to enable the accused person (prisoner) to change his behavior and once he is
free to live in a good manner in accordance with the laws of the state and that is why prisoner has
got rights in the eyes of the laws4.
In addition to their custodial duties, prison officers must be able to establish and maintain
positive working relationships with prisoners, balancing authority with a large amount of
understanding and compassion, in order to effect rehabilitation. Also prison officers do the
following, performing security checks and search procedures; supervising prisoners, keeping an
account of those in your charge and maintaining proper order; supervising visits and carrying out
patrol duties; escorting prisoners; assisting in prisoner reviews; advising and counseling
prisoners and making sure they have access to professional help if needed; taking care of
prisoners' property; being aware of prisoners' rights and dignity and their personal responsibility;
providing appropriate care and support for vulnerable prisoners and those at risk of self-harm;
promoting anti-bullying and suicide prevention policies; assessing and advising prisoners;
writing prisoner reports. However higher grade prison officers have extra responsibilities, such
as supervising other officers or looking after an area or wing of the prison5.
4 See the Prisons Act, Chapter 58 R.E 2002
5 http://www.prospects.ac.uk/prison_officer_job_description.htm last visited on 0711-2014
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CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.AUGUSTINE

UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

Also the law give power to a private person (society) as an agency to enforce the law
when anything suspicious happen or the breach of the law occur in some places an individual has
the right, duty to report it or to arrest the persons who violet the law or commit crime. Section 16
(1)6 provides that any private person may arrest any person who in his presence commits any of
the offence as referred in under section 14 of the same Act.
The Strengths of the above law enforcement agencies under the criminal justice system of
Tanzania
Police officers, prison officers and the society all of them help in preventing and reducing
occurrence of crime and discipline those who commit crime by showing them the right path.
Through these agencies Tanzania become the most peacefully country in the world.
The flaws of the above law enforcement agencies under the criminal justice system of Tanzania
Corruption, however these agencies do their job but they have been characterized by corruption
on the sense that most of the criminals have been set free from police custody and even in court
of laws when the police officer give false testimony and abuse of investigatory and prosecution
powers after receiving corruption. This happen the same to prison officers who receive money
and made favor to some of the prisoners which means (unfair treatment) to prisoners.
Violation or breach of human rights, these law enforcement agencies especially police force
and prison seems to violate human rights. This is because these agencies receive orders from
above/higher authority to do something that is against the law, like the ruling party and
government in power use the police for example when the prime minister of Tanzania
6 Criminal Procedure Act, Chapter 20 R.E 2002
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CRIMINOLOGY CONCEPTS BY LLB IV STUDENTS (2011-2015) FROM ST.AUGUSTINE

UNIVERSITY OF TANZANIA
..
DIRECTED BY MR. DANIEL LUBOWA

order/allow the police force to beat citizens. And in jail/ prison officers they have been torturing
prisoners without considering them as human.