He finds theories of poverty, broken homes, labeling, and gang membership inadequate to explain the situation in Nigeria. 1 0 obj they argue that the wisest position for a presidential candidate is to avoid religious arguments. that the death penalty reduces crime because it, Robinson, R.L. There are many individuals and groups that make up the criminal justice system, such as police officers, courts and prisons who are the pillars the Nigerian criminal justice system. endstream Unable to load your collection due to an error, Unable to load your delegates due to an error. endstream official website and that any information you provide is encrypted Recommends that the candidate take a cautious anti-death penalty stance, as there are serious racial, class, and mental discrepancies in the implementation of the death penalty. WebJUVENILE JUSTICE ADMINISTRATION IN NIGERIA: A CALL FOR REFORM was written by (NAME IN ALL CAPITAL LETTERS AND IN BOLD) with Matriculation Number (MATRICULATION NUMBER IN CAPITAL LETTERS AND IN BOLD) under my supervision in partial fulfilment of the requirements for the award of Bachelor of Laws LL.B (Hons) These include: Children who engage in hawking wares, load carrying, car washing, shoe shining, petty trading, refuse <>stream Explains that prisons are institutions that place physical confined for individuals who have been charged with a criminal offense. Federal government websites often end in .gov or .mil. Child Rights Act The Child Rights Act is Nigerias most comprehensive piece of legislation addressing all matters pertaining to children. Explains that the real crime is the penalty, which can be extended if a judge finds the person likely to commit the crime upon. endobj Furthermore, considering the number of courts in Nigeria, it is worthy of note to state that there are competent judicial officers that are strategically positioned to handle and resolve disputes seamlessly in Nigeria. All rights reserved. Washington, DC 20008 Tel: (202) 775-8400 Fax: (202) 775-1385 Internet: nigeriaembassyusa.org . NATIONAL The unwavering belief in the benefits of welfare has been one of the defining traits of youth justice for a large portion of the 20th century. A controversial method of juvenile punishment has been the use of corporal punishment. Welfare in youth justice is predicated on the idea that rather than punishing young peoples actions, intervention should be based on satisfying their needs. x+ | Opines that this was an abuse of the system and a waste of millions of dollars. Opines that prisoners return to society with a heroin habit and high risk of hiv. Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) are referred to as delinquency when committed by juveniles, whereas juvenile offenses mandating legal intervention only (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses. Similarly, the Court of Appeal has the power to hear and decide appeals made by military courts and other courts in accordance with certain laws of the National Assembly. Disclaimer. the death penalty is riddled with class and race bias. Nigerias Adoption Authority Magistrate Court of State of the childs place of birth. From 1914-1943, juvenile delinquency emerged as a distinct social problem; specific laws were enacted relating to children and Reformatory and Industrial Schools were established across the country. they have the right to an educated lawyer since they are not aware of how the criminal justice system functions. Exploring Disproportionate Minority Contact in the Juvenile Justice System Over the Year Following First Arrest. Thats an average of almost 105 people per year, three out of five of which were executed in, legal in 38 states and two federal jurisdictions (Winters 97). The method that more traditional societies such as those in Nigeria use in handling juvenile offenders may help in dealing with similar offenders in more advanced countries. Provided that the child was over the minimum age for criminal responsibility (originally seven) and had mischievous discretion (the ability to tell right from wrong), the child was fully liable as an adult to the penalties provided by the law. WebExplains that juveniles can be tried in one of three ways: concurrent jurisdiction, excluded offenses, judicial waiver, and mandatory waivers to adult court. Therefore, if there is no hierarchy of courts, this cannot be achieved. Before h.11. and transmitted securely. Explains that general criminological theory suggests that offenders are themselves victims of mental and societal ills and that a reduction in crime will benefit both victims and offender. Describes the contents of the american civil liberties union freedom network, capital punishment, and the death penalty. CHILDREN IN THE CRIMINAL JUSTICE SYSTEM IN GHANA 21 3.1 Jurisdiction and Composition of the Juvenile Courts 23 3.2 Juvenile Court Environment 24 3.3 Case Management Practices 25 3.4 Age Determination 26 3.5 Bail Hearings 28 The Children and Young Persons Act (the law) was primarily passed to create provisions for the welfare of the young and the treatment of young offenders, and for the formation of juvenile Courts., Legal Framework for Juvenile Sentencing and Punishment in Nigeria, A sentence of the Court can be defined as a punishment on a defendant once a criminal trial is concluded and a guilty verdict has been rendered. endobj x+ | The area of sentencing encompasses a wide range of methods and theories. [5] Thus, the Family Court is vested with exclusive jurisdiction in matters relating to children. 7 0 obj 2021 Jun;31(2):317-334. doi: 10.1111/jora.12599. Psychiatric disorders among detained youths: a comparison of youths processed in juvenile court and adult criminal court. It is provided for under Section 254A of the 1999 Constitution of the Federal Republic of Nigeria (as amended). 0000000820 00000 n only four countries -- the u.s., the democratic republic of congo, pakistan and iran -- are known to have executed juveniles. can the police, courts, and the system be trusted to get things right on every occasion? Presents a presentation at the annual convention of the american association of community and junior colleges. Explains that the death penalty has been abolished de jure or de facto by 106 nations since 1990, but it continues to be commonly applied in other nations. 2 0 obj Secure .gov websites use HTTPS x+ | Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm). c The case before the court initiated by due process of law and upon fulfillment of a condition precedent to exercise of jurisdiction. Opines that the burden of capital punishment falls upon the poor, the ignorant, and the underprivileged members of society. Our editors will review what youve submitted and determine whether to revise the article. 23 0 obj 9 0 obj 27 0 obj A Juvenile is a term that can be used to refer to a child, minor, or young adult. endstream When discussing each part of this paper, I tried to get as much as information as possible to highlight Nigerias Juvenile Justice System. It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. Opines that bannister had b een for hire or even that he had committed murder in the first. R This article focuses on Nigerias juvenile justice system, and the conduct of juvenile proceedings in Court. There are a number of arguments in favor of the death penalty. Rights of the Child in Nigeria Report on the implementation of the 7.2.3 CONSTITUTION AND PROCEDURE OF JUVENILE COURTS P. 24 7.2.4 CRIMINALIZATION OF DESTITUTION AND DEPRIVATION P. 26 Explains that the death penalty is a controversial topic in the united states today and has been for years. Juvenile correctional institutions in Nigeria include the juvenile courts, borstal centres, approved schools and remand home. mandatory death penalty was deemed unconstitutional because of woodson v. north carolina. Opines that even with death penalty, most killers walk. endobj 0000006093 00000 n Explains that the public defenders receive $0.50 an hour pay for 2000 hours. Virtual Appointments. The English Quaker William Penn abolished the death penalty for most crimes in Prisoners were It is provided for under Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Opines that the bop's programs for juveniles are not geared toward rehabilitating children. they also have serious doubts about the fairness of the imposing of death sentences. The author discusses some Western delinquency theories that could be applicable to Nigeria; these include some family-based theories, differential association, economic conditions, urban conditions, social control, and culture conflict. It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Code of Conduct Bureau and Tribunal deal with corruption complaints made against civil public officeholders. In other words, it describes someone who is not yet an adult. In the cases that it is not reported to the police, it usually directed at family members and neighbors. penalty statutes were overturned and then reinstated in the United States Copyright 2023 Opinion Nigeria. 0000000727 00000 n endobj x+ | % It is ranked fifth in the Nigerian courts. Explains that in nigeria, children are protected under the child's right act. 8 0 obj In appearing before the youth court, a juvenile charged with a minor offense could be removed from parental custody and required to reside in an institution (known as a community home), perhaps for a period of several years and possibly under conditions of security. Explains that the united states bureau of prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Describes the us embassy in france's "death penalty in the united states". The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability. Describes the most widely cited studies in favor of the death penalty. Almost all juveniles commit at least one delinquent act before turning 18, but most are never arrested. 0000001992 00000 n WebThe first juvenile court session Nigeria was held in Lagos sometime in the 1940's; it was another 10 years before juvenile courts were regularly convened in each of the country's endobj <>stream International Labor Day: Reflection of 8 years of Suffering in Nigeria -By Auwal Ahmed Ibrahim, Road To Sudan: Is Nigeria On The Brink? This will enable all cases where a child is involved, whether as offender or endobj <>/ProcSet[/PDF/Text]>>>> Each of the State High Court is headed by a Chief Judge. Mr. Justice Nwali Sylvester Ngwuta was born in 1951 in Amofia-Ukawu, Onicha Local government Ebonyi State. WebThe Children Act in 1908 created a special justice system for juvenile offendersthe Juvenile Court (renamed Youth Court in 1991), intended to handle both criminal and 17 0 obj There is a lot of information that is different than the United States and I feel as if youth have a tendency to take advantage An official website of the United States government, Department of Justice. A lock ( Children are also subject to specialized laws, procedures, and policies designed to protect their interests when parents or other legal guardians are unavailable, negligent, or involved in custodial disputes. xS* [4]It is important to note that there is no other Court, except the Family Court, that shall exercise jurisdiction in any matter relating to children in Nigeria. Another measure, the supervision order, places the juvenile under the general supervision of a social worker but sometimes requires participation in a wide range of organized, constructive activities as intermediate treatment. 0000001373 00000 n Opines that even though 80% of the population is in favor of it, it is still favored by the states. <>stream 0000005819 00000 n R Opines that the bop pays xS* Explains that in respect of muslim prisoners, any person who has been issued with "tauliah" under any law relating to the administration of islamic laws. Explains that the united nations convention on the rights of the child covers the treatment of juvenile offenders by the government and the juvenile justice system. Clipboard, Search History, and several other advanced features are temporarily unavailable. endstream There are a number of endobj Opines that educating prisoners is less likely to return to prison. States that holland, gina, "justices look at the execution of the mental ill". endobj WebThis paper analyses the development of child justice during three main periods in Nigeria. A Juvenile is a term that can be used to refer to a child, minor, or young adult. b) Children and Young Persons Act. Epub 2020 Dec 5. R 2 0 obj Opines that the bop pays $99.80 a day for each juvenile, and that families of jailed youths should be involved in their therapy and lives. Get a Britannica Premium subscription and gain access to exclusive content. This site uses Akismet to reduce spam. Narrates how prisoners in 35 turkish prisons went on a hunger strike in june 1996. youth advocates, judges, and police have been critical of the movement to federalize crimes already handled by states. The Court has exclusive jurisdiction over all trade disputes, labour practices, matters related to the Factory Law, Trade Disputes Law, Trade Union Law, Workers Compensation Law. It is a court of coordinate jurisdiction with the Federal High Court and the National Industrial Court. <>>> xS* endobj Share sensitive information only on official, secure websites. women make up only 1% of the death row population, despite 20% of homicides. he was sentenced to die in alabama's electric chair for sodomizing a junior college coed, beating her to death, and dumping her body. Data are presented to discuss the current status of juvenile delinquency in Nigeria and the appropriateness of applying Western theories of delinquency causation to the Nigerian experience. The hierarchical system of courts in Nigeria simply refers to the way in which Nigerian courts are arranged and organized at different levels, jurisdictions and regions. Opponents of corporal punishment, however, argue that it is inhumane and that juvenile corporal punishment risks reinforcing the delinquent behaviour of those who receive it. endobj homicide rate per 100,000 population. Explains that the death penalty is an effective deterrent to crime despite what critics may think. The English youth courts exercise jurisdiction over offenders aged 10 (the minimum age of criminal responsibility) to 16. 24 0 obj show more content. endstream Hon. Website Designed & Managed by SETFRON LTD. Educated prisoners are less likely to return to prison. This article follows those youths who are arrested on the pathway through the juvenile justice system. Opines that if someone kills someone, he or she should pay for the crime with his or her. <>stream Secure .gov websites use HTTPS (1994). endobj The judgment of the Code of Conduct Court can be appealed to the Court of Appeal. While every effort has been made to follow citation style rules, there may be some discrepancies. x+ | In the famous case of MADUKOLU V NKEDILIM (1962), 2 SCNLR 341, the locus classicus case for jurisdiction in Nigeria, the Supreme Court held as follows: Before any court of law assumes jurisdiction so as to determine or adjudicate on a cause or matter, the court must be competent. %PDF-1.5 Opines that special attention should be paid to the education of illiterate prisoners within the hours determined by the officer-in-charge. prisoners under death sentence. Explains that the 1960s was a year of independence and there were many events that changed in the juvenile justice system. endstream Key terms: Juvenile Sentencing, Child Rights Act, Children and Young PersonsAct. x+ | endobj Its jurisdiction is only an appeal. Explains that congo, the united states and iran are the most prolific executioners in the world. In essence, the Children and Young Persons Act Clause 11(1) specifically forbade the detention of children. Suggests reinstatement of mandatory death sentences for specific crimes, which was deemed unconstitutional by the supreme court in 1976. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. stream Juveniles can also be fined (though the court usually orders the parent to pay the fine) or be ordered to pay compensation for the offense. <>stream Analyzes king, michael's article, "execution vs. treating the ill". Epub 2013 Jun 12. Official websites use .gov Describes collins, r., and boden, l. guidelines for prison libraries. In other words, it describes someone who is not yet an adult. Explains that troy dugan was mentally retarded and extremely mentally ill when he killed a man at age 15 and lives on death row in angola prison. Opines that the death penalty is not the best way to ensure public safety. endstream Explains that capital punishment remains controversial and heavily debated on both philosophical (moral) grounds as well as on a strictly financial basis. The number of cases involving person offenses increased by 52%. A comprehensive definition of Juvenile delinquency refers to any criminal offense done by a person classified as a juvenile but which, if committed by an adult, would be considered a crime or criminal conduct. he later signed it. Explains baicker, katherine, "the budgetary repercussions of capital convictions". Explains that the officer-in-charge shall make arrangements for the conduct of religious or moral education for prisoners under his charge. A criminal defense lawyer who has dedicated his life to fighting for you when it matters most. If the judgment of the lower court does not reflect justice in a case, the aggrieved party can appeal to the higher court to seek redress and justice. Web1 Afolabi Aina Street 100281 ikeja, Lagos, Nigeria Tel: 234-1-4933195 Fax: 234-1-4935339 e-mail: cleen@cleen.org. R 1 0 obj However, it can be properly constituted if it contains at least one Judge of the court. At all stages of the juvenile court process, there is an overrepresentation of black youths in relation to their representation in the population at large. <>stream Nigeria has not adopted certain for criminal responsibility. inmates receiving mental health treatment in state correctional facilities. Describes the 40,500 people living in a city where guards can choose between accepting bribes or dying. Pinderhughes EE, Dodge KA, Bates JE, Pettit GS, Zelli A. J Fam Psychol. Cites mansnerus, laura, and death penalty information center article. Opines that executions will be the deterrent that the pro-capital punishment lobby expects them to be. national center for policy analysis, 14 ebruary 2004. Analyzes how the majority of americans don't support the death penalty, despite their abstract support for executions. The specific mechanisms for administering juvenile justice have varied over timeamong societies and even among jurisdictions within countries. In America, the word juvenile is used to define an age for a young person who commits a crime but in Nigeria there is no record or indication of the juvenile word on any documents that is used in the legislation. Narrates how police had told him that signing it would be to his benefit. Opines that capital punishment will continue to be controversial as long as it exists because it polarizes people's views and allows for wide interpretation of its legal, moral and financial legitimacy. It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Explains that the united states, china, iran and saudi arabia account for over 80% of the executions recorded by amnesty international. Opines that death penalty is a hard sell to o.c. Equally precarious is the countrys unsustainable debt profile. 21 0 obj Would you like email updates of new search results? Furthermore, the Children and Young Persons Act[2] defines a child in Section 3 as a person under the age of fourteen years. endobj Explains prison is an institution for the confinement of persons convicted of criminal offenses. Under no circumstances may the board of directors regulate or operate a daily courthouse, per the law. Explains amnesty international's "the death penalty: questions and answers". (Author abstract), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Vacca, J. S. (2004). Hb```"+ bE8_}ie`ss'bP Pn0Aa.lM~. Explains that clark, s., and patrick, b. choose freedom read : book talks behind bars. (Those under 14 are designated as children, and those over 14 and under 17 are classified as young persons.) Offenders aged 17 and over appear in the normal adult courts, though special sentencing provisions apply to offenders under the age of 21. Cites glick, b., wilkerson, i, and lefevre, p.s. has increased during the 1990's (Winters 103-107). Webthe court.175 Juvenile courts in many jurisdictions are understaffed and overworked.176 Within the judiciary it is often difficult to persuade those judicial officers with administrative Explains that only "sane" murderers can be executed. scheidegger states numerous examples of people spending up to 20 years on death row repeatedly filing redundant appeals to state and federal judges. A lock ( There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Share sensitive information only on official, secure websites. Author of, Professor of Sociology, Vanderbilt University. endstream endstream There are more than one million children worldwide that are in the care of the juvenile justice system. During the 19th century, children who were criminally liable were regularly imprisoned, and there are records of childrens being hanged as late as the 1830s. endobj since 1973 over 100 condemned prisoners have been released in the u.s. Opines that if we truly believe that killing is wrong, we must abolish the death penalty. Opines that minorities are treated fairly in the justice system. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Opines that heroin is plentiful but won't show up as readily on a drug test.