An Examination Of Criminal Justice System Of South Sudan: Theory And Practice

ABTRACT

This research paper entails the dispensation of justice and its effectiveness in the South Sudan

criminal justice system from the early days of lib.eration struggle by South Sudanese to the post

independence of the Republic of South Sudan and examines the challenges facing dispensation

of criminal justice system; making it another point in the South Sudan historical development of

criminal causation and the laws creating the criminal justice system in South Sudan. Both

primary and secondary data were consulted to determine the extent to which the dispensation of

justice and its effectiveness in South Sudan has been observed.

It is widely acknowledged that there is institutional decay and weak institutions for

accountability with little or no capacity at all. The judiciary which is the central arm that

concerned with dispensation of justice suppose is still in its fonnative stages with no capacity to

administer substantive justice and oversight and hence rendering legal profession weak with no

regulatory body. There is a need to treat the system as a whole by recognizing the

interdependence of the police, prosecution, courts and correctional components even though

customs, traditions, and other factors tend to accentuate and peipetuate the separateness and

autonomy of these functions.

As we can see the criminal justice system is designed for crime control, but the control of crime

must be consistent with our social and political heritage. The justice system must achieve a

balance or equilibrium (as do all systems) between competing values of vengeance and

assistance, and differing political persuasion, as well as between individual actors and social

regularity, it is the balance of these opposing systems that renders the justice system so complex.