Death Penalty as a Deterrence Form of Punishment in Tanzania
This article critically examines the death penalty in Tanzania as a form of punishment grounded in the deterrence theory. It explores whether death penalty effectively serves its intended purpose of deterring serious crimes such as murder and treason. The study analyzes the theoretical foundation of deterrence as developed by key philosophers including Thomas Hobbes, Cesare Beccaria, and Jeremy Bentham, and evaluates its applicability within the Tanzanian criminal justice system. The article further reviews the legal framework governing the death penalty at the national, regional, and international levels, assessing how these instruments align with or contradict human rights standards particularly the right to life and protection from cruel and inhuman punishment. Despite its continued existence in Tanzanian law, the nation has observed a de facto moratorium since 1994, raising questions about the punishment’s practical relevance and deterrent effect. The article concludes that the death penalty conflicts with constitutional guarantees and international human rights obligations and recommends legislative reforms, abolition of capital punishment, and the adoption of alternative sanctions that align with deterrence theory and human dignity.
