NCJ Number
86217
Date Published
1982
Length
13 pages
Annotation
This comparison of received English in Africa and traditional African law, particularly in Kenya, examines the degree to which the two systems encourage victim crime reporting.
Abstract
Under traditional African law, the focus was upon the victim being restored as much as possible to the condition he/she enjoyed before the offense. This included having the offender make restitution. The elders mediating disputes also gave priority to restoring any previous relationship that existed between the offender and the victim as well as their families. The treatment of offenders under traditional African law was essentially noncustodial. While noncustodial sentences exist under the received English law, such as discharges, probation, and police supervision, imprisonment is frequently used. Further, whereas traditional African law was administered through elders intimately involved in the life of the tribe, the administration of the law under the English system is conducted by unfamiliar police, magistrates, and judges, many of whom are non-Africans and held such positions under colonial rule. The police are mistrusted because of their harassment of citizens and intimidation of victims. Additionally, police are frequently bribed by offenders so that victims rather than the offenders are accused by the police. Overall, incentives for crime reporting under the received English system are less than under traditional African law, because the victim has less to gain and may even be hurt by becoming involved in the criminal justice process. In Kenya there is an urgent need for the establishment of commissions to inquire into the police force, the composition of the bench, and conditions in custodial institutions. Improvement in these areas may encourage more victim crime reporting. Forty-three references are listed.