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A Focus on Ghana's Criminal Justice System Examining Committee

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A Focus on Ghana's Criminal Justice System Examining Committee ALTERWATIVES TO IR.%PRISONMENTIN GHANA: A FOCUS ON GHANA'S CRIMmAL JUSTICE SYSTEM Joseph Appiahene-Gyamfi B.A. (Hons.), University of Ghana, Legon. 1989 THESIS SUBMITTED TN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF MASTER OF ARTS in the School Criminology O Joseph Appiahene-Gjjamfi, 1995 Simon Fraser University April 1995 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. Bibiioth&que nationale du Canada Azquisitim and Direction des acquisitions et Bibliographic Services Branch des services bibliographiques 395 Wellington Street 395, rue Wellington Otlawa. Ontario Ottawa (Ontario) KIA ON4 KIA ON4 THE AUTHOR HAS GRANTED AN L'AUTEUR A ACCORDE UNE LICENCE IRREVOCABLE NON-EXCLUSIVE IRREVOCABLE ET NON EXCLUSIVE LICENCE ALLOWING THE NATIONAL PERMETTANT A LA BIBLIOTHEQUE LIBRARY OF CANADA TO NATIONALE DU CANADA DE REPRODUCE, LOAN, DISTRIBUTE OR REPRODUIRE, PRETER, DIS'IRIBUER SELL COPIES OF HISMER THESIS BY OU VENDRE DES COPIES DE SA ANY MEANS AND IN ANY FORM OR THESE DE QUELQUE MANIERE ET FORMAT, MAKMG THIS THESIS SOUS QUELQUE FORME QUE CE SOlT AVAILABLE TO INTERESTED POUR METTRE DES EXEMPLAIRES DE PERSONS. CETTE THESE A LA DISPOSITION DES PERSQNNE INTERESSEES. AUTHOR RETAINS OWNERSHIP L'AUTEUR CONSERVE LA PROPRIETE OF THE COPYRIGHT IN HISfHER DU DROIT D'AUTEUR QUI PROTEGE THESIS. NEITHER THE THESIS NOR SA THESE. NI LA THESE M DES SUBSTANTIAL EXTRACTS FROM IT EXTRAITS SUBSTANTIELS DE CELLE- MAY BE PRINTED OR OTHERWISE CI NE DOIVENT ETRE IMPRIhIES OU REPRODUCED WITHOUT HIS/HER AUTREMENT REPRODUITS SANS SON PERMISSION. AUTORISATION. ISBN 0-612-06585-5 APPROVAL Name: Joseph Appiahene-Gyamfi Degree: .Master of Arts Title of Thesis: Alternatives to Imprisonment in Ghana: A Focus on Ghana's Criminal Justice System Examining Committee: Chairperson: Robert Menzies, Ph.D. Margaret .4. Jackson, Ph.D. Associate Professor Senior Supervisor Jbhn W. Ekstedt Ph.D. f'rofessor James Graham, M. SW, External Examiner Assistant Deputy Minister - Correc:ions Date Approved: i a?-z t /,A ,i qc,2~- PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser Universitv the right to lend my thesis, pro'ect or e~qendedessay (the title of which is shoun belmv) to users of' the Simon Fraser Uni~~ersityLibraq. and to make partial or single copies only for such users or in response to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. i further agree that permission for rnultiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Alternatives to Imprisonment in Ghana: A Focus on Ghana's Criminal Justice System Joseph Appiahene-Gyamf i \4- 0 - SS (date) ABSTRACT -.I nis thesis investigates and evaluates Ghana's crlminal justice system ami the \entencing policies and practices of the courts and their effects on incarceration rates. The study ihows that sentencing policies and practices in post-colonial Ghana have not made any iubstantial departure from the penal and criminal justice policies inherited from the British. It demonstrates the extent to which judicial decisions and prison practices have contributed to prison overcrowding and recidivism rates. Ghana's approach to finding solutions to her crime problem appears to have been fragmentary, often contradictory. and lacking in any clear-cut policy direction. The thesis offers new policy options as alternatives to present coriflict resolution and imprisonment practices in Ghana. The administration of justice in Ghana is largely urban-centered and very expensive. Among the more than 70% of citizens who live in the countryside, the majority are not adequately reached by the prevailing Westminster system of justice. Therefore, most disputants rely on traditional courts. The first recommendation of this thesis, therefore, is that traditional or informal methods of resolving conflicts be integrated into the Westminster system. Traditional dispute strategies may remove offenders from the negative effects of incarceration, meet victims' needs and protect society. Secow!, and most important, this study recommends that the idea of legal pluralism in Ghana be implemented via the co-existence of multiple approaches to dealing with crime within the administra:ion of justice. The reality of legal pluralism could be made possible through the eclectic approach adopted in this research: that is, through the utilization of multiple theories and praxes. The third recommendation has to do with a review of the structure and policies of the administration of justice to reflect the values and traditions of Ghana, along with the use of other approaches for crime control. These include non-custodial alternatives to incarceration that involve tho communities through their accredited traditional Ieaclcrs. District Assemblies. area. town and village committees and religious bodies. The limitations and shortcomings of these aiternatives. the swsral criticisms and on-going controversy regarding deinstitutionalization of corrections are ackno\vlec3gcJ and discussed in the thesis. Dedication Dedicated to my wife, Christiana Agyepong-Gyamfi, and children, Doris Adjapong, Abigail Akonah, Lily Janet Ayimah and Linda Asaah Gyamfi. Acknowledgments I am ~eatlj;indebted to all who iilabe this thesis feasible to imde~'inhe.Esp~ciillly. I like to place on record the immense assistance I received from my supervisors - Prof. Margaret A. Jackson and Prof. John W. Ekstedt. These were not only my supervisors, but they also provided every assistance - funds to travel to Ghana to conduct the research, books and moral support - for the completion of the work. Their patience have been immeasurably wonderful. The faculty and staff of the School of Criminoiogy deserve special commendation. Profs. RM Menzies, William Glackman, Patricia and Paul Brantingham, Ezzat Fattah and John Lowman have all helped me in various ways. Ms Aileen Sams deserves a special thank you for her wonderful assistance. Her assistance may be too numerous to remember and or enumerate but her name is too simple to forget. Also, my deepest appreciation to the numerous respondents, especially His Lord Chief Justice of Ghana, Mr. Justice JENK Archer, and all the other justices of the Judicial Service, the Speaker of Ghana's Parliament, Mr. Justice DF Annan, the Director of Public Prosecutions, Mr. Badoo, the Director of Ghana Law School. The chiefs, politicians, and all the other respondents whose names I am not able to publish for lack of space, but whose invaluable responses have been duly recognized and appreciated, I say thank you. My Ghanaian student colleagues at SFUdeserve a pat for their concern. Dr. Francis Adu-Febri of Victoria, B.C., and Dr. Ken Attafuah of Vancouver also deserves a special mention and recognition. Last but nonetheless the least, my sincere and heartfelt gratitude and thanks go to my spouse, Christiana, and children Abigail, Lily and Linda Gyamfi for their patience and love. But for their prayers and encouragement, it is doubtful whether I could have made it. Notwithstanding, anything contained in this work is mine and so I claim responsibility for any shortcomings or lapses. Table of Contents . Approval 11. Abstract iil Dedication i v Acknowledgments v Table of Contents vi List of Tables vii.. List of Figures Vlil Chapter I Introduction Part One 1.1.1. Discontent with the administration of justice 1.11.2. Research goal 1.1.3. Research questions 1 .I .4. Organization of chapters 1.1.5. Problems posed by incarceration 1.1 -6. The inccmpetence of crime prevention apparatus Part Two 1.2.1. Background: Ghana, land and people 1.2.2. Brief history Part Three History of Ghana's criminal justice system 1.3.1. Introduction 1.3.2. Implications of the Bond of 1844 1.3.3. Gold Coast as a Crown colony and the creation of colonial institutions 1.4.1. Ghana's current criminal justice institutions Chapter I1 Literature Review. Theoretical Perspectives. Poiicy Concept, Policy Analyses and The Systems Theory. Research Methods. Part One Review of Literature 2.1.1. Introduction 2.1.2. Critical criminologists 2.1.3. Arguments on reform and safe custody 2,1.4. Critics of decarceration 2.1.5. Literature on Third World criminology 2.1.6. Ghanaian criminology Part Two Theoretical Perspectives 2.2.1. Introduction 2.2.2. Ethnomethodology 2.2.3. Neo-Marxism 2.2.4. S tructuraiism Part Three Policy Concept, Analysis, and The Systems Theory 2.3.1 Introduction 2.3.2 The policy concept 2.3.3. Policy analysis vii 2.3.4. The systems theory 39 2.3.5. Functional necessity of alternatives to incarceration 52 Part Four 2.4.1. Research methods 2.4.2. Problems faced in data collection Chapter In Informal Justice in Simple and Complex Societies Introduction Informal Justice Revisited Informal judicial dispensation in non-simple societies Processing of crime in Ghana A traditional court sitting in Ghana Status of chiefs and traditional courts after 1844 Chapter IV Criminal Justice and Penal Policies. Penal Policy in Ghana. Data on Incarceration Rates. Judicial and Prison Statistics. Part One 4.1.1. Introduction 4.1.2. Criminal justice and penal policies Part Two 4.2.1. Penal policy in Ghana 4.2.2. Objectives of English crirninal law and courts in colonial and post-colonial Ghana Objective of the Criminal Codes and the Criminal Procedure Code Part Three 4.3.1. Impact of sentencing practices on incarceration rates 4.3.2. Imprisonment 4.3.3. Prison overcrowding: an historica! sketch 4.3.4. Government amnesty 4.3.5. Settlement Farms to counter overcrowding? 4.3.6. Female offenders 4.3.7. Classification of offenders 4.3.8. Rehabilitation and recidivism 4.3.9.
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