The Law and Its Effectiveness as A Deterrence Mechanism of Crime in The Criminal Justice System of Uganda. A Case Study of Kampala Uganda.

CHAPTER ONE

1.0 Introduction Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes, and physical or corporal punishment may be. imposed such as whipping or caning, although these punishments are prohibited in Uganda. Individuals may be incarcerated in prisons or jail in a variety of conditions depending on the jurisdiction. It is possible to describe the law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions (precedents), and the like, that is used to govern a society and to control the behaviour of its members, so Law is a formal mechanism of social control. Legal systems are particular ways of establishing and maintaining social order. English legal system and laws are predominant in Uganda as it was governed by English Common Law and African Customary Law. But customary law will be effective when it does not conflict with statutory law. So the statutory law is applicable in the Ugandan legal system. All these laws are stipulated by the Judicature Act. The constitution is the Superior Law over all laws in Uganda. 1 No other law will be taken in consideration which conflicts with the constitution. Since its independence, Uganda has adopted three constitutions known as the 1962 Constitution, the 1967 Constitution and the 1995 Constitution. However, a revision of the Constitution was done in 2005. The other written laws are available in the National Gazette. In Uganda, the highest court is the Supreme Court of Uganda which is supported by the high court and magistrate court. High Court deals with murder, treason, rape and other crimes punishable by death or life imprisonment whereas the magistrate court deals with crimes punishable by fines, whipping or sheer terms of imprisonment. There is an appeal division to appeal against these decisions. Enforcement of these laws are been looked after by the police council in Uganda.