The pinnacle of the values of a society is reflected in its justice system. A platform from which a society defines morality, revenge, punishment and forgiveness. Every society has guidelines in place to deal with perpetrators and these guidelines evolve with time. Historically, crime in many African societies was viewed as a private matter between the affected kinships. Gifts would often be sent to the family of the affected individual(s) seeking forgiveness. When the ‘gift option’ failed, blood feuds often emerged with retribution in form of an ‘eye for an eye’ or worse. Other forms of punishment included banishment/disowning of individuals from the clan, family or community depending on the severity of the crime or disgraceful conduct. Disownment was the ultimate punishment at that time since all the descendants of that family branch would have a curse bestowed upon them. These components of justice had similarities to those of ancient Greece and the middle ages.
As society grew and communities became more organized with a hierarchical leadership structure, justice was transferred from the control of the private citizens to a centralized system. The concept of laws became common with legislators, enforcers and executioners of punishment. An impartial centralized justice system was meant to protect the rights of the perpetrators while also preventing the victims from seeking vengeance beyond proportional justice. The emergence of kingdoms and chiefdoms resulted into adoption of a complex justice system rooted in culture, customs and taboos. This was eventually replaced by the English common law system adopted in the post-colonial era. Under this system, one was innocent until proven guilty and actus reus( act of wrong doing) and mens rea (intent/culpable state of mind)were paramount to proving criminality beyond a reasonable doubt. Continue reading





