Analysis of Tanzania’s Laws on Use of Continuum Force to the Juvenile by Criminal Investigators

In many legal systems, the use of force by criminal investigators to the juvenile has long been a divisive and passionately debated topic. Juvenile and child are two words which contain the same meaning, thus the person under the age of eighteen years old. In Tanzania the laws applicable in application of force to the juvenile are the same to the adult offenders. The disproportionate application of power by security agencies, particularly during arrests, searches, interrogations, and other investigative procedures, is not sufficiently prohibited by domestic legislation. These acts go against the application of law in protection of fundamental human rights. Recent instances involving the alleged and proven inappropriate application of power underscore the need for improved resolution of this issue. Although, in Tanzania’s legal system has a number of laws regulating the use of force but still suffers on determining; to when considered to be excessive force. The protection and serving the public is law enforcement’s first priority, using force to accomplish this goal is occasionally required. However, applying of disproportionate power can lead to violations of human rights. Thus, it ought to be operated according to the principles of legitimacy, necessity and reasonableness as well as with the frameworks and governance processes that hold the law enforcement agencies responsible. The governance of justice system operation must be improved by creating a comprehensive and open framework and implementing it through a strategic approach. To establish legitimacy and increase public trust in police agencies, such measures are crucial. In this study method used is doctrinal legal research to analyse documentary data, for the purpose of evaluating the complexities of force use procedures and the difficulties they present for the court in determining what constitutes excessive force. The primary source of data for this doctrinal study was laws, rules, regulations, conventions, and treaties that pertain to the defence of juvenile rights. Textbooks, journal articles, seminar papers, and official websites as secondary sources. By using doctrinal approach, one can gain a grasp of the fundamental categories of law, legal resources, and terminology that facilitated the interpretation process.Following the identification of the previously described flaws, the study offers recommendations for changing the existing legislation to forbid the use of excessive force in an unreasonable manner.