Law and social order: Defilement cases on the upswing: Inadequacy of the law?What are the implications for law enforcement and sentencing?
Date
2013-10-04
Authors
Musonda, Daniel
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Abstract
The study was seized with the task of analysing the law of defilement contextually by considering not only the law but also the institutions that support it in its work. The research endeavoured to find out the following:Short comings in the law on defilement both procedural and substantive law
(a)The patterns and trends in cases of defilement
(b)The rates of conviction in cases of defilement taken to court
(c)The sentencing patterns in cases of defilement
(d)Crime prevention methods currently used by police; and
(e)To recommend possible ways of strengthening both the law and the prevention methods.
The study discovered that: while the substantive law was adequate, procedural law posed limitations on sentencing powers of magistrates; the cases of defilement have increased in recent times and that most of these were happening in urban centres, particularly densely populated areas; that the conviction rates were low in all the years studied; that the sentencing patterns showed a laxity in penalties imposed; that the prevention methods were inadequate. Therefore, the study recommends a change in the penal policy and crime prevention strategies so as to adequately deal with the rising incidence of defilement.
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Keywords
Sociological Jurisprudence , Sociol Control-Zambia , Zambia-Social Conditions , Crime-Zambia