A Compulsory Research Report submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for the Award of Bachelor Degree of Laws (LL.B) of Mzumbe University
This report is on the introduction of plea bargain in Tanzania. This report provides a specific assessment of its implication on the rule of natural justice. The analysis has been based on an examination of plea-bargaining agreement in the administration of criminal justice in Tanzania. This research has been motivated by the amendment of the Criminal procedure Act by the written laws (miscellaneous amendment) in order to accommodate the new practice in adjudication of criminal justice in Tanzania. Since in its entirety plea bargain entails waiving of a full Trial in support of an agreement between the defendant and the accused, there has arose concerns that the rules of natural justice are disregarded during the bargaining process.
The arising concerns gave this paper its general and specific objectives. The general objective was to make an analysis on the legal position and practice on plea bargaining agreements as to whether they are a threat to natural justice in the administration of criminal justice in Tanzania Mainland. This then gave us two specific objectives which were to examine the current law governing plea bargaining agreements and to inquire and determine the extent to which the current legal and Criminal justice institutional framework accommodating plea bargain safeguards natural justice.
The study invoked qualitative approach during the review of literature, interviews and observation. In this research some of the underlying assumptions have successfully been proved. It has proved that the existing law is theoretically sufficient but in practice it is prone to the human factor using its loopholes to disregard Rules of Natural Justice. It has also proved that the criminal justice institutions are detrimental to the rules of natural Justice through their practices of securing guilty pleas.
Lastly the researcher inter alia has provided both legal and administrative recommendation. The legal recommendation has been centered on reformation of the law so as to clearly provide and protect the rules of Natural justice by controlling what has been referred to as the Human Factor in the researchers finding. The Administrative recommendations have been centered around reformation of the Criminal justice institutions especially on the human resources that staff the institutions and the values that they hold dear.