NCJ Number
134897
Date Published
1990
Length
16 pages
Annotation
Prison overcrowding in African countries has led to the development of alternatives to institutionalization, with personal reparation in the form of victim compensation and the payment of damages and costs being both a traditional and legally defined measure in Nigeria, Gambia, and other countries.
Abstract
By custom, compensation has been long known and accepted in virtually all African countries and often pre-dated imprisonment rather than being designed as an alternative to imprisonment. Some countries have laws providing for compensation, sometimes limiting the amount that can be awarded or allowing it only where the court imposes a fine. Data from Nigeria and Gambia indicate that the amount of compensation awarded has been relatively modest. Both countries enforce compensation in the same way they enforce fines, imposing imprisonment for defaults. However, the compensation provisions and implementation are grossly inadequate and need reform to take into account the victim's losses, the offender's resources, and the interests of society. In addition, compensation should be applied in combination with or instead of any other sanction, although the poverty of African citizens has raised doubts regarding the desirability of its use. Tables and 71 reference notes