Property Crime and the Criminal Process in Lusaka Magistrates' Courts.

Abstract

This thesis investigates the etiology of property crime in Lusaka, Zambia, as well as the way in which it has been dealt with by the criminal justice system, namely, the police, the courts and the prisons. The thesis is divided into 9 chapters. Chapter 1, the Introduction reviews the literature, discusses the methodology and describes the setting. Chapter 2 discusses customary criminal law and punishment, criminal justice during the colonial period, and the received criminal law and punishment. It also looks at the structure of the subordinate courts, the prosecution system and legal representation. Chapter 3 looks at the incidence and the etiology of property crime (the background characteristics of offenders), the offenders' preferred methods of attack, and the motivation for crime. It then discusses recidivism and criminal careers. Chapter 4 discusses pre-trial procedure, i.e., the circumstances of arrest and the role of both the police and members of the public in the arrest of suspects and offenders and the question of bail. It also examines the nature of the police- suspect encounter and the factors considered by the police in making the decision to prosecute. Chapter 5 discusses the trial process, i.e, it examines the circumstances under which both the police and complainants withdraw cases before judgment is delivered. It also looks at the cases which were dismissed and those which ended in the acquittal of defendants. Chapters 6 and 7 discuss the principles of sentencing which magistrates followed in imposing both the sentence of imprisonment and various non-custodial measures. Chapter 8 examines the role of both the criminal justice system and members of the public in the prevention of property crime. Chapter 9 concludes the thesis and makes suggestions for reform.