CIRCUMSTANTIAL EVIDENCE IN WHITE-COLLAR CRIME ADJUDICATION: INSIGHTS FROM TANZANIA AND COMPARATIVE JURISDICTIONS

Abstract

This article examines the treatment of circumstantial evidence in criminal trials, particularly the prosecution of nonviolent and white-collar crimes. It is based on original empirical research conducted across eight districts in Tanzania and a comparative analysis of jurisprudence from the United States, East Africa, and international courts. It addresses the following research questions: (i) how Tanzanian courts perceive circumstantial evidence in white-collar crime cases; (ii) whether empirical perceptions align with doctrinal standards. Findings reveal a persistent judicial preference for direct evidence, especially eyewitness testimony, notwithstanding its documented unreliability. It demonstrates that white-collar crimes are structurally dependent on inference-based proof due to their covert and complex nature. It argues for a recalibration of evidentiary reasoning to reflect the probative value of circumstantial evidence and concludes with recommendations for Tanzanian legal practice, including greater reliance on expert evidence and reforms in legal education to strengthen analytical and inferential reasoning in criminal adjudication.