NCJ Number
73444
Journal
Revue penitentaire et de droit penal Volume: 104 Issue: 1 Dated: (January-March 1980) Pages: 39-50
Date Published
1980
Length
11 pages
Annotation
Simplification and adaptation of the French criminal codes, court structure, and trial procedures to Black African conditions are examined with particular emphasis on some basic differences in justice delivery mechanisms.
Abstract
Many French-trained Central African jurists are thoroughly conversant with French criminal codes and with the French system of criminal justice delivery. However, they realize that modifications, streamlining, and adaptation of the complex French laws and judicial institutions are necessitated by peculiarly African conditions, totally different from those of France. The court structure had to be simplified because of the scarcity of trained professional court personnel (e.g., judges, prosecutors, magistrates, even court clerks). Professionally trained African law practitioners often prefer to enter the more prestigious and financially rewarding political arena. In addition, typically local problems require original judicial solutions in order to avoid wounding the sensibilities of local religious leaders by breaking deeply-rooted taboos and departing from traditional tribal customs. For example, Central African criminal trial law forbids the examination and testing of defendants by forensic psychologists and psychiatrists to establish competency to stand trial under any circumstances, because the human psyche is considered a sacred and inviolable territory never to be revealed to profane investigations. Another modification, dictated by the enormous African distances and the scarcity of private and public transportation, is the liberally extended authorization to try criminal suspects in absentia for offenses punishable by less than 2 years in prison. On the other hand, the same geographic difficulties often make criminal investigation and pursuit almost impossible and dictate drastic emergency measures to prevent crime from expanding to epidemic proportions. Inevitable and severe punishment serves deterrent purposes and demonstrates the efficacy of law enforcement. Endnotes contain bibliographic references.