Exploring the Effectiveness of ADR in Criminal Matters in Tanzania: A Comparative Study with England
Lead author · Corresponding
Carren C. Mang'enya
LL.M. student at Dar es Salaam Tumaini University: DarTU, Tanzania
Abstract
This article explores the effectiveness of Alternative Dispute Resolution (ADR) mechanisms in criminal matters within Tanzania, with a comparative analysis of practices in England. Despite the incorporation of reconciliation and plea bargaining in Tanzania's legal framework, these ADR mechanisms are limited in scope and application, which constrains their potential benefits in promoting restorative justice, through a combination of doctrinal, empirical, and comparative research methodologies. Thus, this article entails and identifies critical legal gaps and challenges in the current ADR practices in Tanzania. It highlights the need for substantial reforms to expand ADR mechanisms to include a broader range of restorative justice options.
Keywords
Alternative Dispute Resolution (ADR)
Criminal Law
Restorative Justice
Criminal Matters
Reconciliation
Plea-bargaining
Victim-Offender Mediation
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