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PPT : Therapeutic Jurisprudence: Transforming Legal Education and Humanising Criminal Justice in Africa

Content Inside :

Introduction
* Criminal justice: continental discourse recondite
* African Journal of Criminology & Justice Studies debuted in April 2005, published in the US.
* Outlook of African states and penal policy (punishment as dominant theme).
* Scholarly inertia and ossified orientation (retribution and deterrence).

Synopsis
* Background: 54 municipal jurisdictions in Africa
* Selected case studies: the Gambia; Kenya; Namibia; Nigeria; Uganda
* Characteristics: Anglophone constitutional democracies (at least, formally!); adversarial criminal justice system…British colonial heritage).

Objectives
* to showcase, through a review of cases and statutes, gaps in the criminal justice systems in Africa and the opportunities for a reconceptualisation of criminal justice along problem-solving lines;
* to explore the implications of the innovative idea of therapeutic jurisprudence – a concept gaining foothold in several other Anglophone democracies of the adversarial tradition – for the administration of criminal justice in African states.
* the integration of therapeutic jurisprudence into the curriculum of professional legal education, particularly at the tertiary level.

Legal Education and Criminal Justice: Some Theoretical Issues and Dilemmas
* common law/Anglo-American traditions: emphasis on adversarial approach through the impassive study of cases and their outcomes in an equally impassive manner.
* neglect of psyche, sentiments and other personal factors in the practice of law in the performance of lawyering and adjudicatory functions.
* King J (Australia): “imagery of combat.” Gerber J (Arizona); McElrea J (NZ)…etc
* Straight-jacketed legal training/mechanical criminal adjudication: Crime not abating!

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