NCJ Number
28227
Date Published
1970
Length
67 pages
Annotation
COLLECTION OF PAPERS ON EAST AFRICAN CRIME STATISTICS, SELECTIVE USE OF LEGAL SYSTEMS IN EAST AFRICA, AND RURAL CRIME IN UGANDA.
Abstract
EAST AFRICAN CRIME STATISTICS PREPARED BY THE POLICE UNDER DIFFICULT CIRCUMSTANCES RELATING TO A MULTIPLICITY OF LANGUAGES, A SUPRA-TRIBAL GOVERNMENT AND THE EXPANSION OF THE POPULATION WITHOUT ANY CORRESPONDING INCREASE IN THEIR ESTABLISHMENT, ARE LIABLE TO CONTAIN MORE INACCURACIES THAN CORRESPONDING STATISTICS IN EUROPE AND THE UNITED STATES. THERE ARE ADDITIONAL BASIC DIFFICULTIES COMMON TO ALL THE POLICE FORCES BECAUSE OF A LACK OF COMPARABILITY BETWEEN OFFENCES AND REPORTING AGENCIES. RESEARCH INTO THE LEGAL SYSTEMS OF EAST AFRICA TENDS TO ASSUME THAT THERE IS A RELATIVELY CLEAR DICHOTOMY BETWEEN CUSTOMARY LAW ON ONE SIDE EXEMPLIFIED BY THE CUSTOMARY MOOTS OF A TRIBAL SYSTEM VARIED TO INCLUDE MODERN DEVELOPMENTS AS MIGHT OCCUR IN A MUNICIPAL HOUSING ESTATE, AND THE STATUTORY LAW OF THE THREE EAST AFRICAN STATES OF KENYA, TANZANIA AND UGANDA ADMINISTERED BY THE JUDICIARY ON THE OTHER. IT IS SUGGESTED THAT THIS DICHOTOMY IS LARGELY ILLUSORY AND THAT BOTH SYSTEMS GLIDE INTO EACH OTHER AND THAT THERE ARE WIDE VARIATIONS WITHIN EACH SYSTEM IN WHICH THE LITIGANT, SUER, RESPONDANT, ACCUSER OR ACCUSED, WHETHER THEY BE PRIVATE PERSONS OR GOVERNMENT DEPARTMENTS, AS WELL AS THE HEARING MAGISTRATES, HAVE IN PRACTICE CONSIDERABLE LATITUDE IN DECIDING WHICH SYSTEM AND WHICH TYPE OF COURT OR MOOT WITHIN A SYSTEM SHALL BE USED TO HEAR THE CASE. THE COMBINED EFFECTS OF WEATHER, OVERPOPULATION, POLITICAL DISTURBANCES, CHANGES IN SUPPLY AND DEMAND, AND CENTRALISATION AND BUREAUCRACY TAKEN TOGETHER WITH RURAL ISOLATION AND THE PROBLEM OF POLICING SUGGESTS THAT THE EXISTING PROBABLE HIGH LEVEL OF RURAL CRIME WILL RISE HIGHER IN THE IMMEDIATE FUTURE. (AUTHOR ABSTRACT)