This paper examines the criminal justice system of the Republic of Liberia, a West African nation with a distinctive historical relationship with the United States. Beginning with Liberia's founding by freed American slaves in the early nineteenth century, the paper traces the development of the country's police, courts, and prison system. It discusses the reforms attempted by President Tolbert, the damaging effects of corporal punishment and extrajudicial killings, and the disruption caused by the 1980 military coup. The paper also surveys contemporary crime patterns, outlines the objectives of Liberia's Penal Code, and describes how the three core components of the justice system function — and frequently fail to function — together.
The Republic of Liberia is an African country located on the west coast of the continent (ADC, 2019). The country shares borders with the Atlantic Ocean and with Ivory Coast, Sierra Leone, and Guinea. Liberia has a land area of 111,369 km² and a population of approximately 4.732 million as of 2017 (ADC, 2019). Liberia has a unique history shaped by its distinctive relationship with the United States. It is one of only two African countries that were not subjected to European colonization during the scramble for Africa (ADC, 2019) — the other being Ethiopia. Liberia became home to freed American slaves who were repatriated with the assistance of a private organization known as the American Colonization Society (ACS). The ACS founded Liberia beginning around 1821 to 1822 (ADC, 2019), operating on the belief that repatriated freed slaves would enjoy greater freedom there.
Rather than being returned to their countries of origin, the freed slaves were transported to Liberia. These individuals formed the Liberian elite society and founded the Liberian Republic in 1847 (ADC, 2019). The Liberian government was designed to resemble the U.S. system, and the state capital, Monrovia, was named after former U.S. President James Monroe (Nations Online, 2019). Liberia is a presidential democratic republic with representation, a unitary state that adopted multiparty democracy modeled on the United States government (Nations Online, 2019). The President is responsible for appointing a cabinet, which is subsequently confirmed by the state senate (Nations Online, 2019). Liberia has a bicameral national assembly consisting of the House of Representatives and the Senate (Nations Online, 2019). The country uses a mixed legal system combining common law (based on Anglo-American principles) and customary law (Nations Online, 2019).
Liberia's criminal justice system is considered quite modern and closely resembles western criminal procedure and penal law (Thomas, 2006). The Liberian criminal procedure laws contain well-detailed modern penal institutions — including eight distinct types of prison institutions — along with a probation bureau, correctional institutions, and parole provisions, among other elements (Thomas, 2006). The organizational charts for both the police and court systems are also elaborate. Despite this, there is a wide gap between the soundness of the laws on paper and their actual enforcement. Although the laws and constitution mandate an independent judiciary, the judicial system has been deeply entangled in corruption, rendering it largely nonfunctional. Judges and court officials are routinely influenced by political, financial, familial, and social pressures (International Bridges of Justice, 2016).
The law requires that magistrates be lawyers, yet most Liberian magistrates do not hold law degrees (International Bridges of Justice, 2016). Judges have been known to solicit bribes to release detained prisoners, advance cases to trial, or acquit suspects (International Bridges of Justice, 2016). Prosecutors and defense attorneys have also asked defendants to pay gratuity fees in exchange for favorable rulings from prosecutors, police officers, jurors, or judges (International Bridges of Justice, 2016). The juvenile criminal justice system is in urgent need of reform. Although the statute calls for the establishment of juvenile courts in each county, only one fully constituted juvenile court exists — in Montserrado (International Bridges of Justice, 2016). Magistrate courts in other counties assume juvenile court responsibilities when circumstances require it, and individuals detained within the juvenile system are often not separated from adult detainees (International Bridges of Justice, 2016).
President Tolbert made the first substantial attempt to reform the penal system, instituting tireless changes with considerable passion. Specifically, he worked to humanize the penitentiary system (Thomas, 2006). By 1980, a dynamic, professional, and well-trained correctional administration had been established within the rehabilitation division of the justice department (Thomas, 2006). A new correctional facility situated in Zwedru had already been opened with its initial staff of prison guards and correctional officers (Thomas, 2006). Tolbert's program also included plans to build small, decent model prisons throughout the counties. This represented the first time that prisons were seriously regarded as fundamental components of the criminal justice system rather than as places to simply warehouse criminals (Thomas, 2006). By 1980, prisons had become serious rehabilitation institutions, and the reforms were considered a visionary step toward a more efficient and equitable justice system (Thomas, 2006).
Despite these commendable efforts, President Tolbert was also an inconsistent and contradictory figure (Thomas, 2006). While he championed fundamental criminal justice reforms, he also introduced two harsh penalties: corporal punishment and the death sentence (Thomas, 2006). Although both penalties existed within Liberian law, they had been dormant and foreign to everyday Liberian society until Tolbert reintroduced them (Thomas, 2006). Justin Obe was executed on November 19, 1972, and many more were executed by April 12, 1980 — by which point President Tolbert had signed death warrants for 16 individuals (Thomas, 2006). An executive order issued in January 1977 led to the public flogging of juvenile and petty offenders, who were tied to poles and brutally beaten (Thomas, 2006). By the end of 1978, more than 120 criminals had been publicly brutalized and humiliated, damaging Liberia's international reputation considerably (Thomas, 2006).
Contrary to their intended deterrent effect, these cruel and inhumane punishments did not reduce crime — they increased criminal activity and inflicted further trauma on the general population (Thomas, 2006). Extrajudicial shoot-to-kill orders were issued against demonstrators who had grown weary of witnessing such executions. The public uprising following the 1979 killing of Yancy prompted the government to order the summary execution of Liberian citizens as they exercised their constitutional rights. These actions bypassed all legal process and contributed directly to the planning of the April 12, 1980 military coup (Thomas, 2006).
The new military regime that followed was no better. It continued the unlawful execution of citizens through summary firing squads and secret killings carried out by state-sponsored operatives. The military regime reintroduced the death penalty by hanging (Thomas, 2006). By the time Charles Taylor assumed office, only the presidency remained nominally intact; the prisons, courts, and police had been left to deteriorate or placed at the mercy of the international community (Thomas, 2006).
In 2017, Liberia experienced an increase in both violent and non-violent crimes (OSAC, 2018). Non-violent crimes were largely opportunistic and property-related, including purse snatching, theft of backpacks, bags, and electronics, vehicle vandalism, and vehicle theft. These crimes occur most frequently in densely populated areas (OSAC, 2018). Street beggars have also been known to snatch valuable items while soliciting money. Walking alone in unfamiliar or isolated areas poses significant risk. Violent crimes — including burglaries, assaults, muggings, and armed robberies — most often affect local communities rather than foreigners, and perpetrators are frequently armed with firearms, knives, or other weapons (OSAC, 2018).
Rape and sexual assault are also quite common. Unattended vehicles were frequently vandalized in 2017, often by youths from surrounding neighborhoods (OSAC, 2018). Some criminal elements operate with tacit support from individuals within law enforcement and the justice system. Stolen vehicles are rarely recovered. For a broader overview of crime trends in post-conflict West African states, see crime statistics from the United Nations Office on Drugs and Crime.
"Objectives and provisions of Liberia's penal laws"
"How the three justice components interact and fail"
"Parallels between Liberian and U.S. government models"
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