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The Namibian Constitution entrenches fundamental rights and freedoms, and provides for their vertical and horizontal application in any criminal process. However, since Independence in 1990, Namibia has developed its own criminal jurisprudence. Criminal procedure and law are taking new shape. Namibian courts have pronounced on criminal issues, and legislation has been passed to keep up with the demands, aspirations, spirit, and vision of the Namibian Constitution and its people. CLEVER MAPAURE, NDJODI NDEUNYEMA, PILISANO MASAKE, FESTUS WEYULU and LOIDE SHAPARARA have written an invaluable book that deals with these developments. It explains the rights of individuals, the duties of law enforcement officers, and the procedures of the courts in criminal cases. The Law of Pre-Trial Criminal Procedure in Namibia introduces readers to the fundamental principles and values underlying Namibian criminal law, through a systematic examination of the provisions of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) as amended, which was originally passed by the legislature of South Africa, and still regulates criminal procedure in Namibia, the amendments to it since 1990, and relevant Namibian Case Law. The book captures and discusses the law relating to the pre-trial criminal process in Namibia in detail, from the roles of the prosecutor and the police, search, seizure and forfeiture, interrogation, notices and summons, arrest, court appearance, bail, criminal charges, disclosure, diminished capacity, right to assistance, to pleas and plea-bargaining.
A pioneering book on prisons in West Africa, Colonial Systems of Control: Criminal Justice in Nigeria is the first comprehensive presentation of life inside a West African prison. Chapters by prisoners inside Kirikiri maximum security prison in Lagos, Nigeria are published alongside chapters by scholars and activists. While prisoners document the daily realities and struggles of life inside a Nigerian prison, scholar and human rights activist Viviane Saleh-Hanna provides historical, political, and academic contexts and analyses of the penal system in Nigeria. The European penal models and institutions imported to Nigeria during colonialism are exposed as intrinsically incoherent with the community-based conflict-resolution principles of most African social structures and justice models. This book presents the realities of imprisonment in Nigeria while contextualizing the colonial legacies that have resulted in the inhumane brutalities that are endured on a daily basis. Keywords: Nigeria, West Africa, penal system, maximum-security prison. Published in English.
Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.
In November of 1999, Nigerians took to the streets demanding the re-implementation of shari'ah law in their country. Two years later, many Nigerians supported the death sentence by stoning of a peasant woman for alleged sexual misconduct. Public outcry in the West was met with assurances to the Western public: stoning is not a part of Islam; stoning happens "only in Africa"; reports of stoning are exaggerated by Western sensationalism. However, none of these statements are true. Shari'ah on Trial goes beyond journalistic headlines and liberal pieties to give a powerful account of how Northern Nigerians reached a point of such desperation that they demanded the return of the strictest possible shari'ah law. Sarah Eltantawi analyzes changing conceptions of Islamic theology and practice as well as Muslim and British interactions dating back to the colonial period to explain the resurgence of shari'ah, with implications for Muslim-majority countries around the world.
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.