This survey analyze the usage of scientific discipline and engineering in keeping condemnable records. condemnable background records information enables province to immediately identified individuals who have condemnable record Acts of the Apostless.
The Torahs province the agencies in which condemnable records can be maintained that seem to be really out-dated. the lone thing the Torahs provinces is sing that the condemnable records should be maintained. Tanzania constabulary force has a section called the Criminal Investigation Department ( CID ) which general duty of this section are bar of offense. the efficient probe and sensing of serious offenses and incidents. the aggregation bite of all information sing offense in the state so that the inspector and authorities may be kept informed in all affairs of condemnable involvement. the care of close and effectual affair with all subdivisions of the force and in peculiar with general responsibilities subdivision. the care of condemnable records and statistics. the proviso of advice and aid in all probe giving rise to trouble or uncertainty and seeking of legal advice as may be necessary in the visible radiation of its map of probe and prosecution of suspects. s. 36 ( 5 ) of the constabulary and subsidiary act provinces that. Capable to the commissariats of subdivision ( 10 ) . a individual holding the detention of measurings. prints. recordings. exposure or samples and each individual holding the detention of transcripts of measurings. prints. recordings. exposure or samples shall destruct them.
In the instance of a individual who is in lawful detention upon a charge of perpetrating an offense. if the prosecution of that individual is non proceeded with ; or where the prosecution is proceeded with. but he is acquitted. in the instance of a individual referred to in subdivision ( 2 ) . if those measurings. prints. recordings. exposure or samples. as the instance may be. are no longer required for the intent of easing the probe. s36 5
1. 2 Background of the Problem
The job of none usage of scientific discipline and engineering in keeping records it has about five decennaries since independency. what wonders the most is why this is non seems as a immense job which had led to the rise of other many jobs in condemnable affairs. Crime and force which have been resulted partially from a none executing constabulary. hold eroded public trust and cooperation. weakening the societal contact between the force and citizen. but police they have no of import thing as to assist them work efficaciously to a big figure of people as in Tanzania. weaponries are non the lone things that can convey to effectual work but the system so and its effectivity. The constabulary remain in their station houses ( reactive manner ) and delay for the victim to describe offenses while there have no even a individual computing machine or internet service or any plan that will assist them to cognize the condemnable behavior record of the individual that brought to the station they ever stoping up without the right decision and in fact they let the condemnable to walk off and this led to continuity of offenses in our societies. But if they could cognize the condemnable record of the suspect this could convey the earnestness in managing his instance.
1. 3 Statement of the Problem
Condemnable Record maintaining is really initial thing in constabulary work. it ensures non repeatedly of offenses. constabulary they should do certain that they are non covering with the same people who do condemnable Acts of the Apostless in different topographic points. They should do certain they have professional. modernization and community policing that support care of peace and tranquility by cut downing incidence of offenses and fright of offense. justness disposal. regulation of jurisprudence and good administration and public safety in the state. The Reformed constabulary force must gain community assurance and trust. acknowledgment and credence by its professional response to offenses and incidents in application of Morden endowments. engineering and equipment All offenses are recorded in the constabulary station book. and information collated at territory degree on a monthly BASIC. A series of drumhead tabular arraies is sent from territory HQ to part a few yearss after the terminal of the month. Regional office collates this information into drumhead tabular arraies for the part and transmits this to the HQ in Dar Es Salaam by around the 8-10 of each month. Some item of specific offenses is collected: eg. the sex of slaying and colza
1. 4 Objective of the Study
The survey intends to research the public presentation in scientific discipline and engineering as a tool contributes to Tanzania constabularies force efficiency. Try to underline strengths and failing of an development strategy as applied and suggest employment. constabulary force gets more of work force. transforming the human inputs into touchable end products at the lowest possible cost as such the survey is concerned with upholding productiveness by the usage of scientific discipline and engineering. Evidence will be used in this usage of engineering as good will assist to avoid corruptness and easy in accessing inside informations of a individual in instance of employment. Condemnable records will enable condemnable justness bureaus in doing determination on pre-trial release. bearers condemnable charging. determinate sentencing and correctional assignment this is by maintaining Criminal inside informations. Arrest information. Conviction informations. Detailss of wanted individuals. Detailss of fingerprints recorded at scenes of offense besides to give Good behavior certifications to those who have no condemnable records in instance they are needed
1. 5 Hypothesiss
In class of carry oning this research the undermentioned hypotheses were formulated. First is deficiency of financess and budgetary jobs which led to miss of invention of scientific discipline and engineering in keeping condemnable records. Second. it seems there is failing in Torahs gorvening constabulary that do non look the of import of keeping condemnable records by the usage of scientific discipline and engineering as to the current epoch. . Third deficiency of cognition to the jurisprudence enforcers human resource that they seems they are non able utilizing the systems of scientific discipline and engineering in keeping condemnable records.
1. 6 Significance of the Study
This survey is important in the legal field in the undermentioned ways. It will assist in incorrect statistics of the condemnable records in instance that the same people perpetrating offenses but it been counted as new offenses. will assist Searching for lucifers for felons as an assistance to probe. Publishing good behavior certifications to those who do non hold condemnable records. Searching for lucifers to SOC grounds on fingerprints. etc. Supplying tribunals with old strong belief informations as an assistance to condemning in courtThere is possible. in some geographical countries for this to be moved to electronic gaining control in the close hereafter. 1. 7 Literature Review
1. 8 Research Methodology
Different methods of informations aggregation were used in roll uping informations. that is to state. both primary and secondary tools for aggregation of informations were employed.
1. 8. 1 Interviews
Both structured and unstructured interview were used but their usage depended wholly on the sort of respondent. In this methods assorted people were interviewed this includes constabulary and none constabulary to see the sentiments of where the jobs are. a entire figure of 20 constabularies were interviewed and 15 person were interviewed.
1. 8. 2 Documentary reappraisal
In this method assorted libraries where relevant literature to the country of survey can be found were on a regular basis visited. The library of University of dar Es salaam especialy jurisprudence aggregation and east Africana subdivision were visited for the intent of reading assorted legislative acts and books. articles which are relevant.
Chapter TWO LEGAL FRAMEWORK IN MAINTAINING CRIMINAL RECORDS 2. 1 Introduction
Condemnable records keeping is the system established by jurisprudence. and was for the intent of keeping statistical records. cognizing the felons nuts so as to avoid the repeat of condemnable Acts of the Apostless by the same individual and to find penalty in judicial bureaus. The legal model in this chapter deals with the Torahs that issues the maintaining of condemnable records.
2. 2 Fundamental law of Tanzania.
The Constitution of Tanzania does non specify the constabulary. Although article 146 of the papers requires a transportation of authorization to modulate the enforcement of jurisprudence and public safety of the people. but it does non repay the constabulary to be antiphonal. representative or accountable under its jurisprudence.
2. 3 Police force and subsidiary act 2002
The Police Force and Auxiliary Act of 2002 established the constabulary force every bit good as ordinances specifying the constabulary and their activity. the focal point of the act was to forestall and command offense. S. 10 provinces. “Every officer in charge of a constabulary station shall maintain a general journal or happening book in such signifier as the Inspector-General may from clip to clip direct. and shall enter therein all ailments and charges preferred. the names of all individuals arrested and the offenses charged against such individuals. and shall besides maintain such farther books and records and shall render such returns to the Inspector-General as he may from clip to clip direct” . s. 10 Any constabularies officer in charge of a constabulary station or any police officer look intoing an offense may take or do to be taken. measurings or. prints of the manus. fingers. pess or toes. recordings of the voice. exposure. samples of the script. of any individual who is charged with an offense. whether such individual is in lawful detention of the constabulary or otherwise where such measurings. prints. recordings. exposure or samples. as the instance may be. are moderately believed to be necessary for the designation of the individual with regard to. or for affording grounds as to the committee of an offense for which he is in detention or charged.
Any police officer in charge of a constabulary station or any police officer look intoing an offense may take or do to be taken measurings prints of the custodies. fingers. pess or toes. recordings of the voice. exposure. or samples of the script. of any individual who is non charged with any offense where such measurings. prints. recordings. exposure or samples. as the instance may be. are moderately believed to be necessary for easing the probe of any offense. this is harmonizing to S. 36 of constabulary and subsidiary act
2. 4 Condemnable Procedure act
59. – ( I ) Any police officer in charge of a constabulary station or any police officer look intoing an offense may take or do to be taken measuring of prints of the manus. fingers. pess or toes of. or recordings of the voice or. exposure of. or samples of the script of any individual who is charged with an offense. whether such pen ; on is in lawful detention of the constabulary or otherwise where such measurings. prints. recordings. exposure or samples. as the instance may be. are moderately believed to be necessary for the designation of the individual with regard to. or for affording grounds as to the committee of an offense for which he is in detention or charged. ( 2 ) Any police officer in charge of a constabulary: station or any police officer Investigating an offense may. take or tilt a to be taken measurings. prints of the custodies. fingers. pess or toes of recordings of the voice. photogra- United States Public Health Service of or samples of the script. of any individual who is non charged with any offense where such measurings. prints recordings. exposure or samples. as the instance may be. are moderately believed to be necessary for easing the probe of any offense ( 3 )
No individual who is charged or who is non with any offense charged ; shall be entitled to decline or object to holding his measurings. prints. recordings. exposure or samples taken. and where he so refuses or objects. the police officer concerned may take such sensible stairss. including the usage of sensible force. as may be necessary to procure that the measurings. prints. recordings. exposure or samples as the instance may be. are taken. ( 4 ) Any individual who refuses to hold his measurings. prints. recordings. exposure or samples taken as required under sub-section ( 1 ) and ( 2 ) is guilty of an offense and shall be apt on strong belief to a all right non excee- donging 10 thousand shillings or to imprisonment for a term non transcending 24 months or to both such mulct and imprisonment. ( 5 ) Subject to the commissariats of subdivision ( 10 ) . a individual holding the detention of measurings. prints. recordings. exposure or samples and each individual holding the detention of transcripts of measurings. prints. recor- dings. exposure or samples shall destruct them-
( a ) in the instance of a individual who is in lawful detention upon a charge of perpetrating an offence- ( I ) if the prosecution of that individual is non proceeded with ; or ( two ) where the prosecution is proceeded with. but he is acquitted ; ( B ) in the instance of a individual referred to in subdivision ( 2 ) . if those measu- rements. prints. recordings. exposure or samples. as the instance may be. are no longer required for the intent of easing the probe. ( 6 ) There shall be established at a topographic point to be approved by the Minister responsible for condemnable probes. an office to be known as the Crimi- nal Records Office for the saving. comparing and indexing of finger- print or signifiers. ( 7 ) The Criminal Records office shall. subject to the general supervising of the Inspector-General of Police. be under the control of a senior constabulary officer. expert in comparing of fingerprints who shall be appointed from clip to clip by the Attorney-General by notice published in the Gazette. ( 8 ) Completed finger-prints signifiers shall be sent to and preserved at the Criminal Records Office. ( 9 )
All finger print signifiers shall be of the prescribed form. ( 10 ) Notwithstanding the commissariats of sub-section ( 5 ) it shall be lawful to retain all records obtained pursuant to sub-sections ( 1 ) and ( 2 ) of this subdivision in regard of any individual with respect to whom a remotion order under the Township ( Removal of Undesirable Persons Ordinance ) or an ejection order under the ( Expulsion of Undesirable Persons Ordinance ) has been made and has been cancelled or rescinded. s. 142 ( 2 ) A certification in the signifier prescribed by the Director of Public Prose- cutions given under the manus of an officer appointed by the Director of Public Prosecutions in that behalf. who shall hold compared the finger prints of an accused individual with the finger prints of a individual antecedently convicted. shall be leading facie grounds of all facts set Forth in it provided it is produced by the individual who took the finger prints or the accused. 204. – ( 1 ) Any papers under the manus of an officer appointed for that intent by order of the Director of Public Prosecutions. which intent to be a study upon any fingerprint or any photographic representation fingerprints submitted to him for scrutiny or comparing shall be or receivable in grounds in any inquiry test other continuing under this Act and shall be grounds of all facts stated. that papers.
2. 5 Penal codification act
The penal codification act has besides shown the importance of keeping condemnable records as due to s. 275 of the act states “if the wrongdoer. before perpetrating the larceny had been convicted of larceny punishable under s. 265 he is apt to imprisonment for 14 years” . This shows that we need really good felon records in order to run into this grounds that will enable appropriate determinations of the tribunal. Its non easy for an wrongdoer to admits as he has old strong belief and harmonizing to civil process act if the tribunal ask the accused of either he had old strong belief and denied so they will get down to look into. the probe can merely be accurate if there is an accurate informations of the condemnable record of the accused.
CHALLENGES FACING POLICE IN USE OF SCIENCE AND TECHNOLOGY IN MAINTAINING CRIMINAL RECORDS IN TANZANIA
3. 1 Introduction
Uncovering the Torahs which govern constabularies and the condemnable records. it reviews the challenges that face in the usage of scientific discipline and engineering in keeping condemnable records. Condemnable records starts when the individual is accused till the strong belief but all these records utile because no 1 is guilty under the jurisprudence until he has been proved guilty but this should non intend that they should non maintain the records when the individual is charged. due to this all records should be kept and to those found non guilty the records should be destroyed. but when proved guilty so the constabulary station should hold the condemnable record of that felon and so should be sent to head quarters this is harmonizing to the constabulary and subsidiary act. This means the Stationss should incorporate installations to make this work and this is the usage of scientific discipline and engineering as to the current epoch of Globalisation.
3. 2 Weakness of the authorities in be aftering the best
These failing spoken by the some respondent that sometimes the authorities fails in be aftering for the best to their citizen on the fact condemnable Acts of the Apostless have a batch of negative impacts to the citizen. in a topographic point like Dar Es Salaam every twenty-four hours more than 1000s condemnable Acts of the Apostless occur this includes reported and not reported offenses as to all condemnable Acts of the Apostless harmonizing to penal codification. in these facts there are offenses which are sent to the station and they are let travel either because the respondent fail to impeach him to tribunal or other chief jobs. or due to mulcts and corruptnesss no connexion even between illustration Ilala and Kinondoni a system that is intergraded between constabularies but it links from the head one-fourth in such a manner when all the information of the condemnable nuts who were proved guilty in any offense and either were imprisoned for short clip or left by paying all right can be found in an incorporate system.
This is non an easy undertaking though other states uses this system even in traffic offenses such as Vienna Australia. in contending with poverty authorities should guarantee that the constabulary force is given all the of import things to do it make its work good this includes the usage of scientific discipline and engineering. ( 6 ) There shall be established at a topographic point to be approved by the Minister responsible for condemnable probes. an office to be known as the Criminal Records Office for the saving. comparing. and indexing of fingerprint signifiers. ( 7 ) The Criminal Records Office shall. subject to the general supervising of the Inspector-General. be under the control of a senior constabulary officer. expert in comparing of fingerprints. who shall be appointed from clip to clip by the Attorney-General by notice published in the Gazette. ( 8 ) Completed fingerprints organize shall be seen to and preserved at the Criminal Records Office. all fingerprint signifiers shall be of the prescribed form. ( 10 ) Notwithstanding the commissariats of subdivision ( 5 ) . it shall be lawful to retain all records obtained pursuant to subdivisions ( 1 ) and ( 2 ) of this subdivision in regard of any individual with respect to whom a remotion order under the Township ( Removal of Undesirable Persons ) ( Ordinance or an ejection order under the Expulsion of Undesirable Persons Ordinance ) has been made and has been cancelled or rescinded.
3. 3 Lack of financess and budgetary jobs
The usage of scientific discipline and engineering and the usage of ICT needs capital to do it work. The constabulary force has serious budgetary constrains. these jobs affect the efficiency and effectivity of the constabulary in footings of its direction and good programmarise disposal and above all the ability to dispatch its missions. in peculiar budgetary constrains have brought about relentless deficits of forces. unequal accomplishments and mobility jobs. There seems to hold been a welcome addition in the handiness of up to day of the month calculating hardware and package recentlly. this is rather patchy. Military officers at HQ. both in the statistics section. the condemnable records office. little weaponries database. etc all seem to hold good modern computing machines and more are expected. However. many of these computing machines seem underused. reflecting the demand for more preparation of staff to be able to utilize computing machines more efficaciously. Still they are non plenty to carry through a good system of condemnable records keeping.
3. 4 Lack of preparation
It’s a difficult undertaking which needs accomplishment and analyzing in utilizing scientific discipline and engineering. non merely that but it needs person smart and clever to carry through it with great aspiration which will take to positive consequences. in this current epoch when offense is going more and more sophisticated the constabularies need new accomplishments in order to run into the challenges of offense. this new accomplishments may be transmitted to constabularies officers through preparation in the usage of scientific discipline and engineering such as the keeping these felon records which is advantageous in probe. the degree of accomplishments of constabulary officers therefore leaves a batch to be desired.
Unfortunately a low degree of professional accomplishments makes hard to carry through what the Torahs demands. as to s. 10 of constabulary force and subsidiary act. There is access-based package to input inside informations of serious offense onto the computing machine system. Although this system has great possible. it seems to be underused. as merely one officer is trained to utilize it who has other responsibilities. Once other officers can utilize this database so that all serious offense is input to this database. so this will cut down the sum of work in summarizing and adding up informations on serious offenses and lead to positive condemnable information. However. the database itself can be improved. if certain new variables about the offense are recorded as single properties. instead than in text signifier as at nowadays.
3. 5 Lacuna in Laws regulating constabulary
Looking to the constabulary force and subsidiary act in s. 36 ( 3 ) “No individual who is in lawful detention or who is charged but non in lawful detention. shall be entitled to decline or object to holding his measurings. prints. recordings. exposure or samples of his script taken. and where he so refuses or objects. the police officer concerned may take such sensible stairss. including the usage of sensible force. as may be necessary to procure that the measurings. prints. recordings. exposure or samples. as the instance may be. are taken. ” While the jurisprudence states the above but it didn’t demo the responsible portion that will guarantee that all the instruments will be found on the station for this work. these things which used in condemnable record such as cameras. entering tapes and print machines are non their and no 1 to be blame while the Torahs needed the usage of technological things though non as for current epoch such as computing machine to be used in maintaining the felon records.
3. 6 Problem in human resource
This is a large challenge to our constabulary force. what is being believed is that constabulary should be person strong with power to command peace. though these can be the facts but the of import things to patrol is to be intelligent because the felons are individual who are besides really intelligent and in some offenses such as in cyber offenses. the condemnable usage their top head to make these. the job of human resources comes to the fact the constabulary stations are given to the failures and with grounds. if you get high classs they do non see. as to the fact that the constabulary force is for the failures. this led to the fail of utilizing scientific discipline and engineering in keeping condemnable records merely because the individual who are in station they have no that skills to incorporate with the system such as computing machines which besides needs a batch of smartness otherwise you can wipe out all the work. Staff needs have some basic preparation but it is recognised that more could and should be done. This will change harmonizing to the demands of the officers concerned. In central office there is an eventual demand for both more preparation of bing staff and for more staff who are qualified in records keeping. statistics and IT.
3. 7 The adoptive system from colonial epoch
This is besides a large challenges to our constabulary. the usage of inordinate power even to smaller offenses as a fact that they are making their responsibility but this oppose their responsibility and duties. the responsibility and work of constabulary is to do certain safety of the citizen and their belongings. alternatively of making their work in utilizing more encephalon but they use more physical power. this is said to one of the constabulary that many of the constabulary want the citizen to be afraid of them and that’s even a smaller statement they will believe that they have been disrespected. this system made the constabulary to contradict scientific discipline and engineering can non be used in such of import thing such as record maintaining but alternatively they are ready to crush the felon in order to squeal while if they could hold the records of the past Acts of the Apostless they could number as the first grounds.
3. 8 Decision
The chapter have reveal the jobs confronting the constabulary that led to the failure of utilizing the scientific discipline and engineering in keeping condemnable records though the Torahs provinces that they should hold some of the equipment which are besides in combination of scientific discipline and engineering but they fail to carry through the Morden universe by non saying other really utile technological equipment including the system it self of integrating of the database to all the station and the supply of informations such as eg. aris2 of the university of Dar Es Salaam which enable pupils to subscribe in and cognize different faculty members how it works in an organise mode.
CONCLUSION AND RECOMMENDATIONS 4. 1 Introduction
Visits were made to some local stations/offices to find what is available. what IT systems exist and what programs there are for the hereafter. The followers was discussed: Move from paper to automated informations gaining control need to place appropriate package and hardware. demand to associate information between local offices and HQ/centre. Need to reexamine bing informations gaining control signifiers. Improve end products and one-year studies Improve consciousness of statistics amongst policy makes we the deficiency of trained forces in informations aggregation and IT. the deficiency of computing machine equipment – peculiarly locally. we discussed the demand to better links between constabularies local Stationss and territories. regional and central offices.
4. 2 Recommendation
Records are still sent from local constabulary offices in paper format. Lack of both qualified and clerical staff. hardware and package ; mean that the condemnable records can non be processed expeditiously. There are really few decently designed informations aggregation instruments. Most condemnable records are complied by manus from sum-up records kept of single offenses. tribunal proceedings or wrongdoer records. There are really few field visits or other mechanisms to look into the completeness and truth of informations by the high station responsible unless it occur a large job but it’s non a day-to-day modus operandi. Therefore no-one can be certain that the informations at nowadays used are accurate However. there is a demand to develop condemnable records on results every bit good statistics. Tanzania is a really big state and hard to roll up 100 % condemnable records. This calls for more usage to be made of trying techniques. in a structured manner: eg of constabulary Stationss be provided technological instruments to utilize in their work through net working.
There should be more frequent meetings. to discourse common advancement. . work towards common categorizations. express common demands for statistics and to better publication. Very few constabulary Stationss have received any IT equipment here speaking of regional degree. There is a demand to amend the jurisprudence as to run into the current epoch of scientific discipline and engineering. the usage of scientific discipline and engineering will besides assist. to hold professional. modernization and community policing that support care of peace and tranquility by cut downing incidences of offense and fright of offense ; justness disposal. regulation of jurisprudence and good administration and public safety in the state. The Reformed Police Force must gain community assurance and trust. acknowledgment and credence by its professional response to offenses and incidents in application of modern endowments. engineering and equipment.
Data aggregation signifiers should be designed and instructions issued so that all Stationss. territories and parts work in the same manner. more computing machines are needed for informations gaining control. at least in the chief constabulary forces and the current antique methods of capturing statistics by wireless and facsimile should be replaced by networked computing machines. There should be local visits to look into the information. Finally all informations should be entered locally and utilize made of it locally every bit good as at HQ. More usage should be made of the serious offense informations being entered onto the Access database. This requires more staff trained in the informations entry and more staff who could do usage of the information one time stored. IT advice and preparation on the analysis of such databases should be enhanced more informations should be shared with other condemnable justness bureaus. Police would profit from a survey visit to other neighbouring legal powers besides internationally as to acquire new cognition: eg their jobs are similar to those in Nairobi and both states could larn from each other.
4. 3 Decision
The word have change in many locations but in things which touches people life should be looked on every alteration as win it and do it up-to-date. the constabulary force and subsidiary act 2002 have 10 old ages since was last appealed I think its clip now to revoke it and do it up-to-date. in the fact that the felons they ever come with new techniques. keeping condemnable records by which will assist to diminish of rate of condemnable Acts of the Apostless and acquire right statistical records. its true that people who do condemnable Acts of the Apostless they ever do it repeatedly they sometimes pass through constabulary station and being accused but if we could hold the well incorporate system the offense rate could be diminishing twenty-four hours to twenty-four hours and left peace in our societies.
However. there is much to make. Most data aggregation is still based on paper records and much of the usage of computing machines is really limited consists of utilizing them for papers direction. by entering statistics on WORD or EXCEL. There is small certification for condemnable informations entering. although the well disciplined staff. particularly the jurisprudence enforcement officers. doubtless follow their verbal instructions good. Many paperss are similar to those from in the sixtiess and need updating and bettering. The Tanzanian Police Force besides maintains a condemnable records office at central office. where all records of all felons throughout the state are received. This system is associated with the recording of fingerprints for designation and. in entire there are around more than 1 million records of all felons who have come to notice since 1958.