Possible alternative sentencing of parent offenders and the impact on the criminal justice of Uganda - Case Study of Kigo Prisons
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Date
2011-01
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Kampala International University, School of Law
Abstract
The study is an exploratory design which sought to analyze the impact of parental
imprisonment on children; finding out how alternative sentencing orders can be carried in
substitution to the imprisonment of parents and the impact of alternative sentencing on
criminal justice and suggesting possible recommendations for a new course of action that
will draw attention to the improvement of the position of the children whose parents have
been incarcerated.
The study was relied on qualitative methods of data collection and analysis and data was
gathered from Kigo Prisons, from Wardens, and inmates, including parent offenders. The
study also relied on secondary data upon which information related to the specific aims of
the study was reviewed from prison records, and concerned organizations such as Human
Rights Commission, Police among others as well as from libraries of the Law
Development Center. Kampala International University, and Mukono Christianity
University.
The research concluded that;
The criminal justice system has traditionally focused on the offender, his or her victims
and the public safety of the community, ignoring the vast and growing number of other
victims, the children. Children whose parents are imprisoned have been of less concern to
the majority of the population, the criminal justice system and to policymakers in
Uganda. Yet the children whose parents have been incarcerated are challenged by family
instabilities, limited access to education, medical care, and other forms of protection. The
children are vulnerable to a multiplex of negative dispositions that can lead to absent
positive intervention, to school failure, delinquency and intergenerational incarceration.
On the other hand, the personal and social costs are also high in other words the children
are left helpless. There is need for implementation of a major public education campaign
that makes the issue of children with incarcerated parents 'everyone's issue.' In
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conjunction with this, encouraging alternative sentences focused on policy and system
reform opportunities. Community service programme in Uganda and other non-custodial
measures like fine, probation and suspended sentences should be implemented.
Otherwise, community service alone may not have the much-needed impact. A broader
picture of a host of advantages presented such as reduction of prison overcrowding and
savings on government expenditures should motivate the judiciary to apply the measures.
There is a framework of child caring institutions in Uganda. Efforts of organizations like
Wells of Hope Mi:'l)istries and Prison Fellowship Uganda should be lauded because their
work is indicative of the fact that there is a wave of growing concern about children and
families with imprisoned parents. This shows a need for further concern to develop
programs that raise awareness and help in training stakeholders who interact with
children and families with incarcerated parents, such as police, prisons, juvenile justice
and child welfare to build public will to address issues affecting children with
incarcerated parents. The judiciary while presented with an opportunity before arbitrarily
sentencing offenders to imprisonment, to inquire about whether the person about to be
incarcerated has if family totally dependant on him or not in order to allow for
considerations of the best interest of the child.
It can be concluded that, community service is an alternative to imprisonment whose use
should widely be encouraged for children to remain under the care of their parents and to
reduce on the overcrowdedness of prisons. The study recommended that; need for raising
awareness on discretion in sentencing of parent offenders; policy development into the
inquiry of information of prisoners; introduce community service throughout the country;
promoting research mechanisms to widen statistical base and sensitize community on
addressing children's needs.
Description
A research report submitted to the faculty of law in partial fulfillment of the requirements for the a ward of the Bachelors Degree of laws of Kampala International University
Keywords
Parent offenders, Criminal justice, Uganda