demystifying the order from above: uganda versus the attorney general, when the forces exceed their constitutional mandate

Description

The law of criminal procedure lays down the machinery by which suspects are brought to court, tried and if found guilty, punished. Criminal procedure can also be defined as the means by which criminal law is enforced and involves the balancing of the liberty of the citizen against the interests of the community as a whole. The scope of criminal procedure extends over a wide perimeter from prevention and investigation of crime to prosecution and punishment of the offender. As far as human rights are concerned, every Ugandan citizen has a right to liberty. This presupposes that the freedom enjoyed by the citizens can only be limited according to the provisions of the law and anything done without heeding the same is said to be arbitrary. he book, in principle, analyses the time before an arrest is carried out; the time and manner of the arrest; and the events that follow the arrest. The book discusses the Miranda rule that guarantees that persons detained by police will not be interrogated in a way that places them at a disadvantage. The book also explores the aspect of searches on people’s property; how and when these searches should be conducted in accordance with the law. The book demystifies the highly volatile discussion of use of reasonable force while carrying out arrests. It lays out the threshold of what amounts to reasonable force and envisages circumstances where force is necessary to effect and arrest. The book also sheds light on the fundamental presumption of innocence and how this presumption should ordinarily be treated. Consequently, the book highlights the abuses that have and can be occasioned following the disregard or misunderstanding of this notion. The book reviews the principle of preventive arrest in light of human rights and its use as a tool of oppression.