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Recidivism and Prison Overcrowding Due to Denial of Legal Representation in Botswana Sidney Pilane Walden University

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Recidivism and Prison Overcrowding Due to Denial of Legal Representation in Botswana Sidney Pilane Walden University Walden University ScholarWorks Walden Dissertations and Doctoral Studies Walden Dissertations and Doctoral Studies Collection 2019 Recidivism and Prison Overcrowding due to Denial of Legal Representation in Botswana Sidney Pilane Walden University Follow this and additional works at: https://scholarworks.waldenu.edu/dissertations Part of the Law Commons, and the Public Policy Commons This Dissertation is brought to you for free and open access by the Walden Dissertations and Doctoral Studies Collection at ScholarWorks. It has been accepted for inclusion in Walden Dissertations and Doctoral Studies by an authorized administrator of ScholarWorks. For more information, please contact [email protected]. Walden University College of Social and Behavioral Sciences This is to certify that the doctoral dissertation by Sidney Pilane has been found to be complete and satisfactory in all respects, and that any and all revisions required by the review committee have been made. Review Committee Dr. Gabriel Telleria, Committee Chairperson, Criminal Justice Faculty Dr. Robert Spivey, Committee Member, Criminal Justice Faculty Dr. Daniel Jones, University Reviewer, Criminal Justice Faculty Chief Academic Officer Eric Riedel, Ph.D. Walden University 2019 Abstract Recidivism and Prison Overcrowding due to Denial of Legal Representation in Botswana by Sidney Pilane MBA, University of Botswana, 1994 LLB, University of Swaziland (in conjunction with the University of Edinburgh), 1983 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University February 2019 Abstract Botswana has been experiencing high rates of recidivism and prison overcrowding, but the causes of these problems have not been explored. Thus, this qualitative study was conducted to investigate whether the denial of legal representation to criminal defendants tried in the customary courts is one of the causes of high rates of recidivism, prison overcrowding, or both. The main research question addressed a possible relationship between these factors and the denial of legal representation, and the study was guided by the punctuated equilibrium theory and the policy feedback theory. Data were collected through semi structured interviews with 10 released first offender prison inmates, 10 released recidivist prison inmates, and 10 professional participants from disciplines in the criminal justice system in addition to reviewing statistics and scholarly research. Data were analyzed through detailed description, categorical aggregation, direct interpretation, which led to naturalistic generalizations and patterns. The results indicated that the denial of legal representation to criminal defendants tried by customary courts appeared to contribute to both recidivism and prison overcrowding, which may undermine public safety and security. The implications of the study for positive social change include informing policy-makers of the need to reform the policy on legal representation to ensure that criminal defendants tried in the customary courts receive fair trials. The additional implications for positive social change include impacting rates of recidivism and prison overcrowding and enhancing community safety and security. Recidivism and Prison Overcrowding due to Denial of Legal Representation in Botswana by Sidney Pilane MBA University of Botswana, 1994 LLB, University of Swaziland (in conjunction with the University of Edinburgh), 1983 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University February 2019 Dedication This study is dedicated to my mother, the greatest woman to ever live. She gave her life so we may have ours in abundance. I owe my being to her love, for I am because she loved me so, and all that I have accomplished is on account of values she inculcated in me. To a lesser extent to my father who, in a way only Africans are capable of understanding he taught me how to be a man, and the unsurpassable value of hard-work and thoroughness in the doing of all that a man undertakes. For all other things I forgive him. My wife Portia Neo and daughters Keletso, Pulane, and Yolisa, for they merit a measure of the dedication for their understanding and encouragement, and in return for time with me which they gave up in order that I may do this work in the hope that it would prove of profit to those it concerns. No less to a friend I shall not name for frequently and anxiously asking after my progress. Acknowledgments To the wonder of the searchable Internet I owe locating Walden University and accessing the opportunity to do this work. But for my former chair and mentor Dr. Anthony B. Leisner there would be nothing for which to write this acknowledgment. Single-mindedly he held my hand and patiently and tirelessly led me through the thicket of this formidable work. I could not have wished for a better chair and mentor. Dr. Robert Spivey, the second member of the committee who supervised my research, and Dr Daniel Jones, my URR, perfected and elevated to scholarship the modest efforts of an amateur graduate student. His work on me done and called to greater causes, Dr. Anthony B. Leisner gave over to Dr. Gabriel M. Telleria who, as a delightfully exceptional replacement chair took me to the mountain top. To all these eminent scholars I convey my heartfelt and deepest gratitude. I shall try to be worthy of their confidence always. My family and mentors acknowledged, it remains to thank the several Professors who aided me through the coursework that preceded the dissertation research and earned me the award of two national honors in the United States and one international honor. It would be remiss of me did I not thank my siblings, my friends, colleagues, and classmates and the exceptional staff of the university who made all of this possible by providing indispensable support. Table of Contents List of Tables ....................................................................................................................... v Chapter 1: Introduction to the Study ................................................................................... 1 Introduction ................................................................................................................... 1 Background to the Study ............................................................................................... 3 Statement of the Problem .............................................................................................. 4 Purpose of the Study ...................................................................................................... 6 Research Question ......................................................................................................... 6 Theoretical Framework of the Study ............................................................................. 7 Nature of the Study ........................................................................................................ 8 Definition of Terms ....................................................................................................... 9 Assumptions .................................................................................................................. 9 Scope and Delimitations .............................................................................................. 10 Limitations of the Study .............................................................................................. 11 Significance of the Study ............................................................................................. 12 Summary ...................................................................................................................... 13 Chapter 2: Literature Review ............................................................................................ 15 Introduction ................................................................................................................. 15 Literature Search Strategies ......................................................................................... 16 Theoretical Foundation ................................................................................................ 17 Dual Legal System of Botswana ................................................................................. 17 Legal Representation in the Customary Court System ................................................ 21 High Rate of Recidivism & Prison Overcrowding ...................................................... 30 i Discussion, Analysis, and Conclusion ......................................................................... 35 Chapter 3: Research Method ............................................................................................. 38 Introduction ................................................................................................................. 38 Research Design and Rationale ................................................................................... 39 Theoretical Method of Inquiry .................................................................................... 41 Sample and Population ................................................................................................ 43 Sampling Procedures ............................................................................................. 43 Sample Size ..........................................................................................................
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