Arrest and Pre-Trial Detention - The Situation in Western Samoa

• NCJ Number: 81557
• Author(s): P K Alaiasa
• Date Published: 1980
• Length: 31 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

The geography, demography, history, and culture of Western Samoa are briefly described, along with the criminal justice system, with particular attention to arrest and pretrial detention.

Abstract

The Samoan commitment to traditional social values and village structures for dealing with disputes and misbehavior has made it difficult to condition behavior by contemporary statutes. Village chiefs have preserved and continue to assert their administrative and judicial roles. This system, together with emphasis on the extended family as the basic unit of society, act as the primary cohesive forces in Samoan society. Statutory law tends to gain favor as it is interpreted as a means of bringing greater justice to Samoan society. The police and prison service is under one department. Since Western Samoa was administered by New Zealand for a lengthy period, the police service is based on British policing structure and methods. There are two prisons, with one having an inmate population ranging from 75 to 200 and the second with a population from 50 to 100. The judicial system consists of the magistrates court, the supreme court, and the appeal court. Powers of arrest with and without warrant are specified in the Criminal Procedure Act of 1972. The arresting officer must inform the defendant of the reasons for arrest, charge the defendant according to the offense committed, inform the defendant of his/her fundamental rights, and take the defendant before an officer of the court within 24 hours of arrest. Where the offense is serious, the defendant is usually detained for 7 days after appearing before an officer of the court, and where the offense is very serious, the defendant could be detained for an indefinite period up to 1 year. The average number of persons arrested per week is 10, and about 1 percent of these are detained because of the seriousness of the offense. Recommendations for government action and studies to improve the effectiveness of the criminal justice system are provided. Maps are included.