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Development and the Planning of Social Defence in East Africa

Published online by Cambridge University Press:  07 May 2025

Extract

“Development takes place on a foundation of law and order, and when crime is present, its toll is not limited to the individual victim. By hampering economic development it represents a substantial and long term cost to the entire community.” (1)

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Premiere Partie: XXth International Course in Criminology
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Copyright © 1971 International Society for Criminology

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References

Footnotes

(1) United Nations Secretariat : «Social Defence in the context of National Development», 25 International Review of Criminal Policy 3 (1967). (This article will hereafter be cited as U.N. Secretariat, 25 I.R.C.P.: The Journal itself will hereafter be cited as I.R.C.P.)

(2) Ibid. See also in the same issue, Clifford : «Crime and Development Planning», at p. 9; “Williams : «Crime Prevention and costs in national planning : a discussion of concepts and issues», at p. 21; Carney : «Social Defence perspective in development planning with special reference to Africa», at p. 29; Grygier : «Research as a basis of planning in the social defence field», at p. 61. See Ray : « The need for a national agency to promote sound policies for the prevention of crime and the treatment of offenders, with particular reference to India», 23 I.R.C.P. 31 (1965). And see Clifford : «Training for Crime Control in the Context of National Development», 24 I.R.C.P. 9 (1966); «The Evaluation of Methods used for the Prevention and Treatment of Juvenile Delinquency in Africa south of the Sahara», 21 I.R.C.P. 17 (1963).

(3) Boehringer, Some Preliminary Thoughts on a Socialist Penology (1969) (unpublished, mimeo, Faculty of Law, Dar es Salaam. Hereafter referred to as Socialist Penology); Developments in Criminology in Tanzania (1969) (unpublished, mimeo, Faculty of Law, Dar es Salaam. Hereafter referred to as Developments in Criminology).

(4) For perhaps the most comprehensive bibliography concerning crime and related issues in the East African context, see Developments in Criminology.

(5) Boehringer, Alternatives to Prison in East Africa (1969) (unpublished, mimeo, Faculty of Law, Dar es Salaam. Hereafter referred to as Alternatives to Prisons). The Traffic Problem as a Crime Problem (1969) (unpublished paper, mimeo, Faculty of Law, Dar es Salaam). See also Tanner : «Rural Crime in East Africa, Some Theoretical Issues», R.D.C. Paper No 34 (1966) (Makerere Institute of Social Research, Kampala). On the question of corruption, see n. 8 infra.

(6) See e.g. Hutchinson (ed), Africa and Law (Madison, Wise; University of Wisconsin Press, 1968) and especially the fundamental article of Prof. Seidman : «Law and Economic Development in Independent, English Speaking, sub-Saharan Africa.»

(7) In addition to the work of Seidman, supra, n. 6, see Sawyeir (ed.), Easf African Law and Social Change (Nairobi : East African Publishing House, 1969).

(7 a) The outstanding exception would seem to be Cost «Penal Policy and Underdevelopment in French Africa» in Milner (ed.) African Penal Systems (London : Routledge and Kegan Paul, 1969).

(8) See e.g. Kiapi : «Legal Control of Official Corruption in Africa» (Paper presented to the University Social Science Conference, Kampala, 1969); Lalani : «White Collar Crime» (mimeo, Faculty of Law, Dar es Salaam, 1969) and materials cited therein; Mkindi : «White Collar Crime» (Student Essay paper, Faculty of Law, Dar es Salaam, 1969); Mwapachu : «The Nature of the Concept of White Collar Crime and its validity in East Africa» (mimeo, Faculty of Law, Dar es Salaam, 1969). See also Seidman : «Constitutions in Independent, Anglophone, Sub-Saharian Africa : Form and Legitimacy» (mimeo, Paper Presented to a joint seminar of the Economic Research Bureau and the Faculty of Law, Dar es Salaam, 1968) and references therein. This paper is also found in (1969) Wise. L. Rev. 83. I have had the opportunity of reading a paper to be presented to this conference by Dr. John Saul : «Marketing Cooperatives in Tanzania» where he discusses at some length the problem of corruption in the co-operative movement.

(9) U.N. Secretariat, 25 I.R.C.P. 6, Clifford, ibid, 9-10.

(10) See the most comprehensive discussion of the concept in Ancel, Social Defence (London : Routledge and Kegan Paul, 1967).

(11) With the establishment of the United Nations Social Defence Research Institute in Rome.

(12) See such traditional American text, as Sutherland and Cressey, Principles of Criminology (New York : Lippincott, 7th ed., 1966); Reckless, The Crime Problem (New York : Appleton-Century-Crofts, Inc., 3rd ed., 1961). However there are several texts which have attempted to go further, see Korn and McCorkle, Criminology and Penology (New York : Holt, Rinehart and Winston, Inc. 1960) toward putting crime and treatment in full context. The basic British text, Walker, Crime and Punishment in Britain (Edinburgh : University Press, 1965) is very traditional and therefore narrowly conceived. On the other hand the two volume reference set by Mannheim, Comparative Criminology (London : Routledge and Kegan Paul, 1967); as far as it goes, is a wide-ranging work.

(13) See e.g. Clinard, Sociology of Deviant Behaviour (New York : Holt, Rinehart and Winston, Inc.); Clinard (ed.), Anomie and Deviant Behaviour (New York, the Free Press, 1964); Lemert, Human Deviance, Social Problems and Social Control (Englewood Cliffs, New Jersey : Prentice-Hall Inc., 1961).

(14) Gold and Scarpitti (ed.), Combatting Social Problems (New York : Holt, Rinehart and Winston, 1967).

(15) See Boehringer, Alternatives to Prison. See also the same author's, Socialist Penology and Developments in Criminology.

(16) Clifford : «Problems in Criminological Research in Africa South of the Sahara», 23 I.R.C.P. 11; «Crime and Criminology in Central Africa» in Grygier (ed.) Criminology in Transition (London : Tavistock, 1965).

(17) Although such a distinguished criminologist as Reckless used the term for his text in 1961 (see, supra, n. 12) it is not a pleasing term. It is, unfortunately, a favourite of politicians and journalists, and tends to be used as a slogan which isolates the sympton from causes, cures and prevention.

(18) See Clinard, Poverty, Development and Deviance (mimeo, Faculty of Law, Dor es Salaam, originally given at a sociology workshop at Makerere University, Kampala, August 1968). And see Clifford, 25 I.R.C.P., 9-10.

(19) See Fanon's comments in The wretched of the Earth on the colonial legacy and crime causation. See also Taft, supra, n. 12.

(20) I would suppose that al aspects of what might be closely termed «geography» have been investigated in relation to crime. Work by such as Lorentz, Andrey and Russell in relation to space and aggression immediately comes to mind. Probably the best guide to the literature is Morris, The Criminal Area (London : Routledge and Kegan Paul, 1964).

(21) I think Taft, supra, n. 12, is best on this, Mannheim in Comparative Criminology is also good.

(22) Again see Taft, supra, n. 12, and Mannheim, ibid.

(23) Thus traditional practices are said to account for stock theft and homicide amongst certain tribes in Tanzania, (Tanner : «Cattle Theft in Musoma, 65 Tanzania Notes and Records, 31 (1966), and deviant sexual practices amongst coastal people (see Tanner : «Sex Behind», 27 Transition (Kampala, 1966).

(24) See the classic study by the Marxist Bonger, Criminality and Economic Conditions (Boston : Little Brown and Company, 1916); and see the most interesting political historical study by Garnsey : «Why Penal Laws Become Harsher : The Roman Case», in 13 Natural Law Forum, 141 (1968) whose inspiration came, of course, from the work of Durkheim and Montescuieu, see also Rusche and Kirchheimer, Punishment and Social Structure (New York : Columbia University Press, 1939).

(25) It would seem that the age of the population is important in determining the amount of crime and the nature of the crime. Much work has, of course, been done by those working with statistics to show who commits what kinds of crime. But I don't know of any study which has attempted to compare two countries with vastly different age-average populations to see if and how the crime rates differed.

(26) Clifford, 25 I.R.C.P., 9-10.

(27) Ibid, 00.

(28) As for academics, n. 8, supra. In the Press, and by Government, see e.g. «Corruption Rife in Kenya», report of a speech by Mr. Njojo, Attorney-General of Kenya, in The Nationalist, 14 Dec. 1968. Of course, corruption in the co-operative has been a constant problem in Tanzania, see on corruption in East Africa generally, Kiaga : «Law and Politics of Corruption in East Africa» (Occasional paper, Legal Research Centre, University College, Dar es Salaam, 1969).

(29) See Left : «Economic development through Bureaucratic Corruption», American Behavioural Scientist (Nov. 1966); Bayley : «The Effects of Corruption in a Developing Nation», 19 West. Pol. Q. 719 (1966); Nye : «Corruption and Political Development, A Cost-Benefit Analysis», Am. Pol. Sci. Rev. (Summer, 1967); Leys : «What is the Problem About Corruption» 3 J. Mod. Af. Stud., 215 (1965).

(30) See e.g. editorial : «Violence on the Beach», The Standard (Tanzania), 12 Sept. 1969. The present writer was himself the victim of a fairly serious theft on a Bar beach.

(31) Boehringer, The Traffic Problem as a Crime Problem (Mimeo, Faculty or Law, Dar es Salaam, 1968).

(32) Within the last year in Tanzania we have lost the Managing Director of one of the top automobile agencies, the number two man at the rival agency, a top engineer in an important maritime agency, several top personnel from the banking field, a resident Magistrate (one of the early law graduates of the University of East Africa), and a number of teachers and others in whom the country had invested considerable resources, or who could greatly assist in a developing economy.

(32 a) See a report of a speech by Tanzania's Minister for Tourism : «Tourism to help vary the economy», The Standard, 10 November 1969.

(33) See e.g. : «Developments in Criminology», footnotes 16-18, on stock theft. See also Costa : «Penal Policy and Under-development in French Africa», in Milner (ed.), African Penal Systems (London : Routledge and Kegan Paul, 1969), for a discussion of French or French influenced penal policy in relation to the problem of stock theft, and other development-impending deviance.

Smuggling is an old problem in this coastal part of Africa, and it is said that whereas before many items were smuggled into Kenya and Tanganyika from Zanzibar and Pemba just the reverse in happening today due to the differing economic policies of the different jurisdictions. It is also the case that smuggling is apparently going on within Tanganyika, in that there are, contrary to ordinances, illegal movements of agricultural goods from one section to another. See : «Field Force Helps End Pare Rice Smuggling», Sunday News, 2 March 1969. There is also said to be considerable smuggling of coffee into Burundi; see : «Smuggling of Coffee Decreases», in The Standard, 2nd April 1969.

Recently there has been a spate of gemstone smuggling out of Tanzania into Kenya, and a number of arrests by Police in an attempt to keep this activity under control. See : «Police Clamp on Arusha Gem Smugglers», The Standard, 16 August 1969, in which it is announced a special gemstone Unit was set up by the Regional Police Commander. And see : «Police Probe Gems Racket», The Standard, 21 October 1969. In another report : «Patel Brothers aid police in gems inquiry», Sunday News, 17 August 1969, it is reported that police were investigating «a vast international gemstone racket» assisted by the men named. Finally see : «Smuggling» (an editorial), The Nationalist, 16 October 1969, and «Borders will be Fortified», The Nationalist, 15 October 1969, in which the Minister for Home Affairs stated that «smuggling is a threat to the national economy».

(34) See Thomas : «Illegal Hunting in Tanganyika», 61 Tanganyika Notes and Records, 1 (1963).

(35) Published police data is not very helpful for several reasons. The last report is 1964, and there is no breakdown of crime into rural or urban categories, nor into sufficiently categories to be able to separate rural from urban crime. (This is not to mention the definitional difficulty of distinguishing between the two.) Although one finds that cattle theft is a separate category, there is no category for illegal hunting, and related illegal activities. Illlegal hunting is simply put into the general category of «Other Statutory Offences». (One would fare better perhaps by turning to Judiciary reports which were not available to me at the time of writing. Prison statistics are of little use because they are not very complete, and also a few years out of date.) Perhaps the best source of information on the subject is the Press, which in turn gets most of its information from reports filed by National Park Wardens. Thus the Standard reported, in an article entitled «Appalling Butchery in Serengeti», 7 October 1969, that «The present scale of poaching gives grave cause for concern and much greater strength in men and vehicles will be needed in the years ahead if the Serengeti's priceless heritage of wildlife is to survive», quoting Mr. P.A.G. Field, Chief Park Warden., See also an article by Eric Robins : «Five States Co-operate to combat Poaching», East African Standard, 6 October 1969, describing the setting up of an «Animal Interpol» in East and Central Africa.

(36) See Boehringer, Developments in Criminology (p 99), for the figures on cattle theft (true offences in 1964 : 2,081 and in 1967 : 2,257). But as I point out (p. 92-7) there are many reasons why these data should not be accepted as being accurate. And see the footnotes in that paper (nos. 16, 17, 18 and 78) where I discuss the nature and scope of cattle theft in Tanzania. See also Tanner : «Cattle Theft in Musoma», 65 Tanzania Notes and Records, 31 (1966); and «Rural Crime in East Africa - Some Theoretical Issues», R.D.R., Paper No. 34 (Kampala : Makerere Institute of Social Research, 1966). And see Read's discussion of the critical situation in Karamoja district, Uganda in «Some Aspects of Murder in East Africa», 1 E.A.L.J., 37, p. 54-7 (1965); and Beidelman : «Beer Drinking and Cattle Theft in Ukaguru : Intertribal Relations in a Tanganyika Chiefdom», 63 American Anthropologist, 534 (1961). Further on crime data see Tanner : «Some Problems of East African Crime Statistics», Conference Paper, No. 43 (Kampala : Makerere Institute of Social Research, 1966); Geneya : «Crime Statistics in East Africa» (Dar es Salaam, Faculty of Law; mimeo : 1968). Finally see an article by P.N. Mugizi, entitled «Special unit helps cut cattle thefts», The Standard, 11 February 1969, or The Nationalist, 10 February 1969, in which the special Police Stock Theft Prevention Unit is discussed; and another, «Offensive on Stock Thefts», The Standard, 17 May 1969, in which a border region(s) (Mara) commissioner is reported as saying that Tanzania and Kenya were planning «to wage a strong war against stock thieves on the border of the two countries to restore good relations and harmony among the tribes living on the borders.»

(37) Holman, The Elephant People (London : John Murray, 1967). This book is also valuable for the description it gives of a misguided social defence programme which in the end had left much of the criminal organization in act (middlemen and receivers and their corrupt allies in government), while wreaking havoc on the hapless hunters. At p. 219, Holman's post-script sadly relates : «The most tragic part of the whole affair is that, in their dedicated efforts to save a wild-life species, the game men really only succeeded in virtually destroying the Liangulu, an ethnic minority of very great interest and one on whom no anthropological work has ever been carried out.»

(38) See, supra, notes 2 and 3; see also Eric Robins' article : «Red Reprive for Black Rhino», The Standard, 18 November 1968, in which he discusses the «bush underground» which operates (in Kenya in this instance) to get illegally taken rhino horn down to the coast from the parks, and exported, in the form of powder, to the Asian market.

(39) See the following articles in which the battle between poachers and anti-poachers is discussed : «New Anti-Poaching Moves Urged», The Standard, 15 October 1968; «Officials Caught as Poachers», The Standard, 2A June 1969; «Parks Men Arrest 83 in Campaign Against Poachers», Sunday News, 24 August 1969; «Appalling Butchery in Serengeti», The Standard, 7 October 1969; «Waterholes Poisoned by Poachers», The Standard, 11 November 1969; The same paper has had two editorials recently : «Preservation, Poaching», 7 August 1969, and «Poaching», 8 October 1969. See also : «Poaching Causes Concern», The Nationalist, 11 October 1969.

(40) Illegal Hunting in Tanganyika, p. 1. See also Holman, supra, note 4, especially chapter 6 : «The Bush Underground», and chapter 11 : «The Ivory Coast».

(41) Holman, supra, note 4, p. 66.

(42) See : «Three Fined for Woodcutting», The Nationalist, 16 April 1968.

(43) Corruption plays a large part in the illicit trade of dealing in game trophies, so I am informed. This is particularly the case in Kenya, but also fairly common, I am told, in Tanzania. Corrupt measures are used all along the line, in order to get firearms licences, licences for shooting game, and papers for possessing and exporting the trophies. Holman discusses these matters at lenght, see supra, note 4.

(44) See : «More Illegal Tree Felling», The Standard, 12 December 1968.

(45) See : «Law to Curb Fishing by Explosives», The Standard, 30 May 1969; «Explosive Issue for Fishermen», The Standard, 18 November 1969, where it is reported that poachers are dynamiting fish off the mainland coast. It is done just before dawn, and the dazed fish are then gathered up and sold in the coastal markets before legitimate fishermen return with their catch. It is reported that the «police are not doing anything about it».

(46) See : «Poachers Roam Park for Honey», The Nationalist, 9 August 1969.

(47) The figures vary, but the Tanzanian Minister for Home Affairs, Mr. S. Maswanya, has several times called for more recruits, see The Standard, 25 January 1968 (where he asked for 2000 more). See also The Nationalist, 16 July, 17 July (editorial) 1968. The ratio at present appears to be about 1100 (population) to 1 (police). The most recent statement indicated a plan to recruit 1300 in 1969. The Sandard, in the recruiting drive.

(48) The country covers some 365,000 square miles, of which some 90,000 is set aside 25 October 1968. In fact, I believe that this number has not been approached for national parks or some Kind of reserve. A complete description of it is not called for, but it can be said that vast areas of it are inhospitable to man, and extremely difficult to traverse in any manner. As Holman points out in The Elephant People, even supremely fit and courageous «ace» hunters and expert bushmen can succumb to the various dangers of the land, within or without the National Parks.

(49) See, e.g. remarks by a resident magistrate concerning the Government's efforts to attract tourists, «one of the most lucrative industry in the country», «Poacher Imprisoned», The Nationalist, 22 February 1969; remarks by chairman of the board of trustees, National Parks of Tanzania, «Parks Vital for Posterity - Sapi», The Standard, 6 June 1969; address to the National Assembly by the Minister for Agriculture, Food and Co-operatives, «Crackdown on Poachers», The Standard, 4 July 1969.

(50) Thus from a report from the Arusha Game Division we see that «Figures … show that for the quarter July to September, the division secured 67 convictions for poaching with fines totalling 5400 shillings and prison sentences totalling 11 months. Two rifles were confiscated, in «Waterholes Poisoned by Poachers», The Standard, 11 November 1969; and in another case, a couple were fined 200 shillings for being in unlawful possession of tusks worth 400 shillings, «Couple Fined for Having Tusks», The Standard, 5 August 1969. It is true, however, that imprisonment for longer terms has become more common of late, see e.g «Poacher Jailed Two Years», The Standard, 19 May 1969. In his latest report, Mr. Field, Chief Park Warden of Serengeti notes that in one month, 495 wire snares were confiscated and fifty-two alleged poachers arrested. He is quoted as saying an approach had been made to the judiciary to point out the dangers of poaching and the economic returns it offered. «In order to be deterrent, sentences must be sufficiently severe to ensure that poaching as an industry doesn't pay», he stated, and referred to a recent case in which a poacher was fined 300 shillings, and given back his «blood-stained vehicle». Mr. Field called for confiscation of poachers' vehicles, see «Serengeti Poaching ‘Alarming‘», The Standard, 27 November 1969.

(51) U.N. Secretariat, 25 I.R.C.P. 6 (1967).

(52) Ibid.

(53) See : «Extemal Financing of Economic Development : International Flow of Long-Term Capital and Official Donations, 1962-1966» (United Nations Publication, Sales No. E.68.II.D.10).

(54) Supra, n. 52, p. 6.

(55) Supra, n. 28.

(56) Supra, n. 52, p. 7.

(57) Through the annual journal, International Review of Crime Policy, through the sponsoring of Regional and World Conferences, through support of projects and institutes in many parts of the world and by the recent establishment of the United Nations Social Defence Research Institute in Rome.

(58) See e.g. «Socialist Penology» in which I was then advocating a somewhat different approach. There I stated that «In my view, the approach to be adopted must be radical and evolutionary, which is one way of saying revolutionary in the Tanzania context. It must be based on planned change over year(s). The entire penal system must be evaluated from top to the bottom, and a schedule drawn up for penal development fully integrated with the National Development Plan. In order to do this, a permanent Prison Advisory Commission must be established with membership from within the Prison Department, the Judiciary, the Police, the various Faculties of the University, and a research staff drawn from any available sources; those young criminologists we shall be developing would provide a base».

(59) In March 1969 student demonstrators at the Faculty of Law, Dar es Salaam, forced the suspension of a proposed new curriculum. It became clear, however, that their main target was the expatriate, and in particular American, representation on the Faculty staff. The lecturer in Criminology (the present writer) was, along with other Americans, attacked as an «mperialist spy lecturer». The basis for this charge was simply that the lecturer had the apportunity to meet and therefore, presumably, subvert members of the police and prisons service. It need hardly be said that no evidence was put forward to substantiate this wild accusation, nor indeed does any evidence exist.

(60) See my discussion of corporal punishment in Developments in Criminology, p. 30, of and notes. The preliminary findings if Mr. Ganja Geneya who is embarked on a study of the Minimum Sentences Act, 1963, indicates that offenders themselves prefer «strokes» to prison, and that it does not appear to have a detterent effect. About the only two conceivable arguments in the face of research which indicates a lack of deterrence (special, and perhaps general) are that :

  • a) it is cheap if used as an alternative to prison;

  • b) it might be a way of psycologically conditioning certain types of offenders, perhaps the very young, and if applied under different conditions than at present. But of course: a) strokes are normally given in conjunction with prison, not as an alternative; b) we exclude the very young, and do not make any attempt to differentiate between those who might and those who obviously will not, benefit. In this respect we lag behind even South Africa as Tanner has pointed out in his interesting discussion in Crime and Punishment in East Africa 21 «Transition» 35 (Kampala, 1965).

(61) See the statements by Second Vice-President Kawawa and Ministere for Home Affairs Maswanya The Standard and The Nationalist, and compare the reported comments of members of the National Assembly in the same sources 22-24 October 1969. Also compare Mr. Kawawa's remarks at the Conference on Penal Problems 2 E.A.L.J. 6-7, where he indicated he favoured «very severe seentences» and seemed to favour the use of strokes it they acted as a detterent. Criminal pro or life history which would be obtained mainly by interview. See Winter The Life History as A Research Tool (Mimeo, E.A.I.S.R. Paper, 1953). For some interesting «life histories» see Clifford «Profiles in Crime», Social Welfare Research Monograph No 3 (Lusaka: Government Printer, 1964). Both Winter and Clifford warn of the dangers ot subjective reporting and also of the danger of getting a number of individual stories which are not meaningful because there has been no attempt to place them in context nor to try to find a unifying theme. Finally, for the classic illustration of this kind of research see Shaw, The jack Roller (Chicago: University of Chicago Press, 1966) subtitled: A Delinquent Boy's Own Story. A recent book by Tony Parker, with Robert Allerton, The Courage of his Convictions is also an excellent example of this technique which Parker has made use of in studying a variety of deviant behaviour.

(62) See «Developments in Criminology» footnotes 5-8 concerning political pressures, sanctions and robbery with violence in particular.

(63) The institute has several projects underway in Africa at the present time, including one in Uganda. There were also preliminary negotiations to carry out several projects in Tanzania.

(64) Radzinowicz, The Need for Criminology.

(65) Ray, «The Need for a National Agency to Promote Sound Policies for the Prevention of Crime and the Treatment of Offenders, with Particular Reference to India», 23 I.R.C.P. 31 (1965). And see Stenning, «Relationship of Social Research to Planning, Organization, and evaluation of National Social Welfare and Community Development Programmes». (Kampala: M.I.S.R. paper, 1963.)

(66) Ray, Ibid. 33.

(67) See e.g. Kato, «Methodology of Law Reform» in Sawyerr (ed.) East African Law and Social Change (Naibori: East African Publishing House 1968); Rugimbana, «Various Aspects of the Penal System in Tanzania», 2 E.A.L.J. 18 (1966), Read, «Some Legal Problems in East Africa», 2 E.A.L.J. 39 (1966).

(68) See for instance the remarks to that effect by the then Prisons Commissioner, Mr. Ruginbana, «Various Aspects of the Imprisonment System in East Africa», 2 E.A.L.J. 18 (1966).

(69) See the separate reports of the Prisons Service, Police Force, Judiciary and Social Welfare Division.

(70) See for example Tanzania, Report of the Police (1964).

(71) Martin and Bradley, «Design of a Study of the Cost of Crime», 4 B.J., Crim. 591 (1964).

(72) Ibid. 591.

(73) National Commission on Law Observance and Enforcement (the Wickersham Comission). Vol. V. The cost of crime (U.S. Government Printing Office, Washington, 1931).

(74) See a theoretical discussion by Martin, «The Cost of Crime: Some Research Problems», 23 I.R.C.P 57 (1965), and another by Wilkins, «Crime Prevention and Costs in National Planning: a Discussion of Concepts and Issues», 25 I.R.C.P. 21 (1967).

(75) Silcock, «The Increase in Crimes of Theft», 1938-47, (Liverpool, 1949) And see Martin and Wilson «Problems in Cost of Crime Analysis: some aspects of police expenditure in England and Wales», 25 I.R.C.P. 47 (1967). See also Lynch «An Estimate of the Extent of Larceny in Industry and the Motivations of this Phenomenon», (an unpublished University of London M.A. thesis.

(76) See Martin, supra n. 74, Wilkins, ibid.

(77) See discussion of the research carried out by the Criminology seminar, University College 1968-69 in «Developments in Criminology, «See also Clifford, «Problems in Criminological Research in Africa south of the Sahara», 23 I.R.C.P. 11 (1965).

(78) With regard to research generally see Morris, «Notes on the Strategy of Social Research» (Mimeo, University college, Dar es Salaam, (1967). On Interviews see the discussion by Madge The Tools of Social Science London: Longmans 1967). A kind of research needed in East Africa is the…

(79) I used questionnaires with magistrates Police and probation officers. They were done anonymously, but there was considerable police resistance until it was made absolutely clear to them the purpose of the questionnaire technique has given us some useful information (the research reports on unreported crime self-reported crime, police and probation officers' attitudes which are discussed in « Developments in criminology», Sec. 2, were all done by questionnaire) At present Mr Geneya is using the questionnaire to gain some idea of attitude held especially by prisoners and prison warders, concerning corporal punishment.

(80) It is in dealing witch research methods such as Questionnaires that the law student is especially at a handicap because he has not had training in social science research methods. It is, of course, possible to use students in tandem, as we did this year, in order to balance out their weak point due to being the products of a single discipline education. There has been an attempt this year to run a research method seminar for Law Faculty Staff, and it may be that this can be repeated at student level.

(81) See my comments in Socialist Penology and Developments in Criminology on the use of the police and other toilers in the field to obtain research data This is not an idea original with me, see Whitaker, The Police, also Clifford supra n. 77.

(82) Thus I know of one case in which a confidence man who was known by police prosecutor and magistrates in Dar es Salaam to be a recidivist (he had worked his tricks on some of them in relation to automobile repair work) was given a far lighter sentence than he deserved because the record concerning his previous offences was not forthcoming from the Police Records Division.

(83) See Clifford, supra n. 77.

(84) See on the problem generally an editorial «Destitutes» The Nationalist, 23 July, 1969, and a subsequent article «Stop Flow of Destitutes Plea» The Nationalist 19th August, 1969, reporting an appeal by the Commissionner for Social Welfare for Regional authorities to keep persons from travelling to Dar es Salaam (where they would over burden the City's facilities for rehabilitation). Finally, a report in The Standard 24th September, 1969, indicating that the Ministry of Health and Social Welfare is to build rehabilitation centres for such persons in the Region.

(85) See Carney, Social Defence Perspectives in Development Planning with Special Reference to Africa 25 I.R.C.P. 42 (1967). See also Wilkins, supra n. 74 at 21, 26.

(86) Wilkins, supra n. 74, at 27.

(87) See generally Radzinowicz, supra n. 64.

(88) See e.g. Clifford, Crime and Development Planning 25 I.R.C.P. (1967), although he seems to favour the permanent agency view.

(89) Ray, supra n. 65 p. 35.

(90) Ibid.

(91) Ibid.

(92) Grohs, Some Remarks on Priorities of Sociological Research in East Africa (Mimeo: Paper presented to a Sociology Workshop, Markerere University, August, 1968).

(93) It would seem that financing through the United Nations Social Defence Research Institute would be the most appropriate, particularly if they can obtain staff and financing from non-Westem developed countries.

(94) On research in Tanzania, see Developments in Criminology, p. 1-39. I would like to thank in particular Mr. T.E.J. Nwangqsi for his co-operation and encouragement of research in connection with Probation and the Approved School at Malindi, Tanzania.

(95) See Boehringer, Deveiopments in Criminology for the development of our seminar and research programme and the participation in the seminar of high government officials, including the Chief Justice and the Director of C.I.D.

(96) We hope to publish shortly a number of studies which were carried out by the Criminology seminar. The studies are described in Developments in Criminology, p. 8-38.

(97) The Ministry was concerned with a large increase in homicide and suicide in a particular rural area.

(98) See generally Radzinowicz, supra n. 64. See also Grygier Research as a Basis for Planning in the Social Defence Field 25 I.R.C.P. 61 (1967).

(99) See Boehringer, «On Teaching Criminology in the Faculty of Law, Dar es Salaam», submitted to the Journal of Legal Education (1969).

(100) Seidman, A source book of the Criminal Law in Africa (London: Sweet and Maxwell, 1966). There are several useful American Texts such as that by Paulsen and Kadish, or by Goldstein et al.

(101) Developments in Criminology.

(102) Ibid. See also Boehringer, A Pre-liminary List of Possible Research Topics in Criminology and Penology (Mimeo, Faculty of Law, Dor es Salaam, 1968).

(103) See Developments in Criminology. See also Tanner, Some Problems of East African Crime Statistics (Kampala: M.I.S.R. 1966); Geneya, East African Crime Statistics (Mimeo, Faculty of Law, Dar es Salaam 1969); Lalani, A Survey of Self-Reported Crime (Typescript, Faculty of Law, Dar es Salaam, 1969); Didi Agard, Survey of Self-Reported Crime (Typescript, Faculty of Law, Dar es Salaam, 1969); Mkindi, A Survey of Unreported Crime (Typescript, Faculty of Law, Dar es Salaam, 1969).

(104) See Developments in Criminology.

(105) Costa, «Penal Policy and Underdevelopment in French Africa» in Milner (ed. African Penal Systems (Routledge and Kegan Paul, 1969).

(106) Boehringer, Alternatives. On sanctions generally see also Milner, «The Sanctions of Customary Criminal Law: A study in Social Control», 1 Nigerian Law, J. 173 (1965).

(107) Probation, and Social Welfare have been grouped together in one division under a Commissioner for Social Welfare, within a series of different aggregate group Ministries, within the last two years it has changed from Ministry of Local government and Rural Development, to Ministry of Regional Administration and Rural Development to Ministry of Community Development and National Culture, to the present Ministry of Health an Social Welfare. In my view this last grouping is not altogether, a happy one, but the proper organization solution is a difficult one. To a considerable extent Probation officers must be Welfare workers and this certainly puts them between Health and Justice. See on the work of Probation officers, Clifford, A Primer of Social Casework in Africa (Nairobi: Oxford University Press, 1966).

(108) Ray, supra n. 65 p. 35.

(109) Clifford, supra n. 88, p. 12.

(110) Ibid., p. 11-12.

(111) See Geneya, supra n. 103; Tanner ibid.; Boehringer, ibid.

(112) Boehringer, Developments in Criminology.

(113) See for instance a report in The Standard 31st August, 1969. Zanzibar to Rehabilitate Criminals in which the Commissioner of Police said that crime there had been greatly reduced. This was a repetition of statements made the previous year.

(114) Clinard, Poverty, Deviance and Development.

(115) Clifford, supra n. 88 p. 10, also 13.

(116) Carney, supra n. 85, p. 29; Wilkins, supra n. 55 p. 25.

(117) United Nations, International Action in the Field of Social Defence (1966-1970) (E/CN.S/C.2/R.2).

(118) Ibid.

(119) Carney, supra n. 85, p. 39.

(120) Clifford, supra n. 88, p. 10.

(121) Ibid.

(122) Boehringer, Socialilst Penology, Developments in Criminology, Alternatives.

(123) Rusche and Kirchheimer, Punishment and Social Structure (New York: Colombia University Press 1939). See also any of standard texts, American or British, on Criminology and Penology.

(124) Boehringer, supra n. 122.

(125) Self reliance had indeed become the theme of the Prison Service, following the theme of self reliance which has been propounded for years by President Nyerere. See for example Education for Self Reliance (Dar es Salaam, 1967). The Minister for Home Affairs Mr. Maswanya, is reported to have «called upon all prisons in Tanzania to be fully self-reliant by 1968 and emphasized that not a cent of the taxpayer's money should be used for feeding, clothing or maintaining the prisoners thenceforth». The Nationalist 30th December, 1967. Although this goal has not yet been achieved, there has been considerable progress in that direction.

(126) See Cooper and King, «Social and Economic Problems of Prisonners, Work» in Halmos (ed.) Soc. Rev. Mono. No 9 (1965). See Developments in Criminology, p. 54, ff where I discuss Prison Labour, And see Bowden, «The Penal Involving Employment for Convicted Offenders», 6 E.A.J. 31 (March, 1969); Boehringer, «Preliminary Thoughts».

(127) Clifford, supra n. 88, p. 13.

(128) Shah, Social Defence in Relation to National Economic and Social Development Planning, 25 I.R.C.P. 106 (1967). And see my comments on involving the public in social defence generally, in Developments in Criminology.