Exploring the Effectiveness of ADR in Criminal Matters in Tanzania: A Comparative Study with England

  • Carren C. Mang'enya
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  • Carren C. Mang'enya

    LL.M. student at Dar es Salaam Tumaini University: DarTU, Tanzania

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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.

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International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 01 - 24

DOI: https://doij.org/10.10000/IJLMH.118227

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021