An examination of criminal justice system of South Sudan: theory and practice

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Kampala International University, School of Law
This research paper entails the dispensation of justice and its effectiveness in the South Sudan criminal justice system from the early days of lib.eration struggle by South Sudanese to the post independence of the Republic of South Sudan and examines the challenges facing dispensation of criminal justice system; making it another point in the South Sudan historical development of criminal causation and the laws creating the criminal justice system in South Sudan. Both primary and secondary data were consulted to determine the extent to which the dispensation of justice and its effectiveness in South Sudan has been observed. It is widely acknowledged that there is institutional decay and weak institutions for accountability with little or no capacity at all. The judiciary which is the central arm that concerned with dispensation of justice suppose is still in its fonnative stages with no capacity to administer substantive justice and oversight and hence rendering legal profession weak with no regulatory body. There is a need to treat the system as a whole by recognizing the interdependence of the police, prosecution, courts and correctional components even though customs, traditions, and other factors tend to accentuate and peipetuate the separateness and autonomy of these functions. As we can see the criminal justice system is designed for crime control, but the control of crime must be consistent with our social and political heritage. The justice system must achieve a balance or equilibrium (as do all systems) between competing values of vengeance and assistance, and differing political persuasion, as well as between individual actors and social regularity, it is the balance of these opposing systems that renders the justice system so complex.
A dissertation submitted in partial fulfillment of the requirements for the a ward of the Degree of the Bachelor of laws of Kampala International University
Criminal justice system, South Sudan