Admissions and confessions are these statements are admissible on the strength that admissible as exceptions to the rule against hearsay evidence . They are based on the principle that no person can make statement against his own interest unless it is true.
The general rule in both civil and criminal cases is that any relevant statement made by a party is evidence against him. In civil cases, for instance, statements made out of court by a party to the proceedings or by a person connected with him by any of the relationships are admissible in evidence against but not usually in favor of such a party.
In regarding to the law of Evidence Act which covers different aspects including both substantive and procedural rules, has attributed it a substantive law at the same time it's a procedural law. Therefore taking Confession, the Court of Appeal has often provided information on how our Judges (Justice of Peace) are required to take confession or confession of wrongdoing. Unfortunately, these instructions have been disregarded and thus have been the source of many dismissal appeals by this Court. Factors to consider are clearly stated in the case of Hatibu Gandhi & Others v.
Republic and Petro Teophan vs The Republic. It will be better if they were read intensively and educate judges in courts of law. Aggrieved with those Court of appeal decisions, the judges should go through the book called "A Guide for Justice of the Peace".To expedite the implementation of these resolutions herein, we have explained the whole substantive and procedure for taking a confession statement.
Inhaltsverzeichnis (Table of Contents)
- 1.0 INTRODUCTION
- 1.1 SCOPE OF THE QUESTION
- 1.2 LAW OF EVIDENCE
- 1.2.1 Substantive rules
- 1.2.2 Procedural rules or adjectival law
- 2.0 CONCEPTUALIZATION OF CONFESSION
- 2.1 The Types of Confession
- 2.1.1 Judicial confession
- 2.1.2 Extrajudicial confession
- 3.0 THE SUBSTANTIVE RULES REGARDING ADMISSIBILITY OF CONFESSION
- 3.1 Confession must be made to an authorized person
- 3.2 Confession will be the valid if made freely and voluntarily
- 3.3 Confession it must be made by an accused person himself
- 4.0 THE PROCEDURAL RULES REGARDING THE ADMISSIBILITY OF CONFESSIONS
- 4.1 Special powers of Justices assigned to District Court- houses
- 4.2 Cautioned Statement
- 4.3 Confession is Extrajudicial Statement
- 5.0 THE GENERAL RULE AS TO THE ADMISSIBILITY CONFESSION CAUTIONED STATEMENT AND EXTRA JUDICIAL STATEMENT
- 5.1 Exception to the General Ruleas to the Admissibility Confession Cautioned Statement and Extra Judicial Statement
- 5.2 The Criticism Regarding to Admissibility of Confessions
- 5.3 Repudiated and Retracted Confession
- 5.4 PRINCIPLES TO FOLLOW WHERE THERE IS A DANGER TO ACT UPON REPUDIATED OR RETRACTED CONFESSION
- 5.4.1 Corroboration
- 5.4.2 Trial within the Trial
- 6.0 SUMMARY AND CONCLUSION
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work aims to discuss the substantive and procedural rules governing the admissibility of confessions in Tanzanian law. It explores the legal framework for confession evidence, analyzing the criteria for determining its validity and reliability. The paper examines the distinctions between substantive and procedural rules, highlighting the key factors that impact the admissibility of confession statements. The work analyzes the relevance of the law of evidence, focusing on the exceptions to the hearsay rule and the importance of ensuring confessions are made freely and voluntarily.
- Substantive and procedural rules regarding confession admissibility
- The definition and types of confession
- The validity and reliability of confession evidence
- The role of the law of evidence in determining admissibility
- The importance of ensuring confessions are made freely and voluntarily
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the topic and scope of the discussion, providing an overview of the substantive and procedural rules governing admissibility of confessions in Tanzania. It also establishes the significance of confession evidence within the legal framework and the need to ensure its reliability.
- Conceptualization of Confession: This chapter delves into the definition and types of confessions, analyzing different legal perspectives and establishing the foundation for understanding the legal framework surrounding confession evidence.
- The Substantive Rules Regarding Admissibility of Confession: This chapter focuses on the substantive rules, such as the requirement of an authorized person, free and voluntary confession, and the confession being made by the accused person. These rules set the legal standards for determining the validity of a confession.
- The Procedural Rules Regarding the Admissibility of Confessions: This chapter explores the procedural rules, including the special powers of Justices, cautioned statements, and the concept of extrajudicial statements. This section highlights the practical application of these rules in ensuring fair trial procedures and the proper recording of confession evidence.
- The General Rule as to the Admissibility Confession Cautioned Statement and Extra Judicial Statement: This chapter delves into the general rules governing admissibility of confessions and discusses exceptions to these rules. It also examines the implications of retracted or repudiated confessions and the principles applied in such cases.
Schlüsselwörter (Keywords)
The primary keywords and focus topics of this work include: confessions, admissibility, substantive rules, procedural rules, law of evidence, hearsay rule, free and voluntary, cautioned statements, extrajudicial statements, repudiated confessions, retracted confessions, Tanzanian law, legal framework.
- Quote paper
- Datius Didace (Author), 2022, The Substantive and Procedural Rules Regarding Admissibility of Confessions, Munich, GRIN Verlag, https://www.grin.com/document/1192537
