Chat with CSS 772 (1).

pdf

Hey there!

Looks like you're diving into the world of criminal justice.

This text outlines some key principles in the sentencing process, focusing on the purpose and
fundamental principles of criminal justice.

The roles of punishment, deterrence, rehabilitation, public protection, and reparation are emphasized in
sentencing.

The importance of considering all defenses and evidence presented in court is highlighted.

The prosecution bears the burden of proof, and any doubts about the accused's guilt should be resolved
in their favor.

Let’s talk about it!

Summarize this paper

How does the court balance different purposes of sentencing in a case?

What are the key responsibilities of a trial court regarding evidence?

Summarize this paper

123 Nature of the Crime and Sentencing

The sentence in criminal proceedings is the gist, like a bullet to a gun.

Courts must consider punishment, crime reduction, rehabilitation, public protection, and reparation to
victims when sentencing offenders.

Courts cannot impose penalties heavier than those applicable at the time the crime was committed.

123 Fundamental Principles in the Administration of Justice

Courts must consider every defence available to the accused based on the evidence.

The prosecution bears the burden of proving facts leading to the accused's conviction beyond a
reasonable doubt.

Findings of fact should be based on evidence presented in court, not speculation.

124 Appraisal of Evidence and Limitation on the Role of the Prosecutor

The trial court is primarily responsible for appraising oral evidence.

The object of the prosecutor is to get a conviction only if justice requires it.

The prosecutor should state all relevant facts dispassionately, and the defence aims for acquittal within
lawful procedure.

124 Holding Charge

A "holding charge" is used to remand a person accused of an indictable offence to custody pending their
appearance before a High Court.

The Magistrate Court has no jurisdiction to try the offence, only to remand the accused.

The Court of Appeal has described holding charge as unconstitutional and illegal.

125 Conclusion and Summary

A criminal process may be initiated by arrest, complaint, information, or first information report.
The trial process leads to a verdict of acquittal or a sentence.

The rights of the accused must be observed.

126 Juvenile Courts and Procedure: Introduction and Objectives

The objective of Juvenile Justice Administration is the reformation and rehabilitation of juvenile
delinquents.

The law lays down rules, regulations, dispositional and treatment methods of children in trouble or in
need of care and protection or in moral danger.

After studying this unit, one should be able to define juvenile offenses and compare Juvenile Justice
Administration with its ideal form.

127-128 Juvenile Courts and Procedure: Juvenile Courts

Juvenile Courts are courts of summary jurisdiction and must not sit in rooms where other courts are held
within one hour of each other.

Only court officers, parties to the case, authorized persons, and newspaper reporters may be present.

After the case is called, the allegation is read, and the substance of the delinquency is explained in
simple language.

The juvenile delinquent has no right of election, and offences other than homicide are triable summarily.

If the allegation is not admitted, the prosecution calls witnesses.

The identity of juvenile offenders or witnesses must not be disclosed.

If no prima facie case is made, the matter ends, but if there is a case, the delinquent and defence
witnesses are heard.

If the offence is proven, the court hears information about the juvenile delinquent's background.

128 Dispositional Methods

If the delinquency is proved or admitted, the court considers antecedents, Allucutus, and pleas for
leniency before making an order.

Orders can include admonition, fines, caning (for males only), probation, commitment to a fit person,
repatriation, binding over, discharge, or commitment to a Borstal or Approved School.
For homicide or grave crimes, detention during the State's pleasure may be ordered.

129 Judicial Attitude and Language

Judicial attitude is positive, creative, and therapeutic, moving from retribution to rehabilitation.

The court may impose a fine for deterrence or restitution, and considers the child's economic
circumstances.

Certain terms are discouraged; for example, "accused" is replaced with "subject" or "delinquent".

129-130 Juvenile Offenses and Exceptional Cases

Stealing is the most common juvenile delinquency, and children can also be victims of crimes like cruelty
or abandonment.

Juveniles may appear before adult courts if charged jointly with an adult or in other specific situations.

Care proceedings can be initiated if a child's development is neglected, health is impaired, or they are
exposed to moral danger.

130 Orders and Refractory Juvenile

Orders in care proceedings can include binding over parents, supervisory orders, care orders, hospital
orders, or guardianship orders.

A parent can bring a refractory juvenile before the court if the local authority declines to do so.

Any person may depose that a juvenile has been assaulted, ill-treated, or neglected.

131-132 Conclusion and Summary

Juvenile Justice Administration in Nigeria minimizes detention, with trials conducted in camera.

Non-formal systems, like parents, peers, religious leaders, and non-institutional measures like
repatriation, are heavily relied upon.

The administration of criminal justice for adults differs significantly from that for juvenile delinquencies,
with efforts made to correct and reform the child.

133 Juvenile Justice: Introduction and Objectives

Juvenile Justice Administration is a global concern, with the UN formulating general minimum standards
in 1985.

This aimed to address traditional policies incompatible with children’s rights in an adult-dominated
world.

By studying this unit, one should be able to determine Nigeria's conformance with prescribed standards.

134 General Principles

The UN General Assembly adopted Standard Minimum Rules for the Administration of Juvenile Justice in
1985.

These rules include general principles, investigation and prosecution guidelines, adjudication and
disposition methods, and non-institutional treatment.

Member states should seek to further the well-being of juveniles and their families.

134-135 General and Rights of Juveniles

The age of criminal responsibility should not be fixed too low.

Reactions to juvenile offenders should be proportional to the offenders and the offence.

Basic procedural safeguards, such as the presumption of innocence, the right to be notified of charges,
the right to remain silent, and the right to counsel, should be guaranteed.

135 Investigation, Prosecution, Adjudication, and Disposition

Upon apprehension, the police should notify the juvenile's parents as soon as possible, and release
should be considered without delay.

Detention pending trial should be a last resort and for the shortest time possible, with juveniles kept
separate from adults.

Juvenile offenders should be treated fairly, and proceedings should be conducted in an atmosphere of
understanding.

136 Dispositional Methods and Non-Institutional Treatment

Capital punishment and corporal punishment should not be imposed on juveniles.

Various dispositional means, including probation, community services, supervision, financial practices,
and group counselling, should be available.

Efforts should be made to provide necessary assistance, such as lodging, education, vocational training,
and employment, to facilitate rehabilitation.

136 Institutional Treatment and Nigeria's Response

Within institutions, measures should be taken to provide care, protection, education, and vocational
skills.

Conditional release from institutions with support and assistance should be used as much as possible.

Nigeria has created more juvenile courts, trained probation officers, and reviewed the Children and
Young Persons Laws.

137 Conclusion and Summary

The minimum standard laid down by the UN offers an interesting comparison between international and
local standards.

The prescribed international standards are required in the investigation, prosecution, adjudication, and
disposition of juvenile delinquencies.

The Children and Young Persons Act application in Nigeria is inadequate.

138 Juvenile Justice Administration: Introduction and Objectives

Children and young persons are a vulnerable and special group, with special arrangements in the
Administration of Criminal Justice.

This unit distinguishes the Administration of Criminal Justice for adult offenders from juvenile
delinquents.

The aim is to critique the Juvenile Justice Administration.

138 Definitions: Child, Young Persons and Juvenile

A child is defined as a person under the age of fourteen years.

A young person is someone who has attained the age of fourteen years but is under seventeen.

"Juvenile" is a general term that includes both children and young persons.

139 Determining Relevant Ages and Criminal Responsibility

A person attains a particular age at the start of the relevant anniversary of their birth date.

Strict proof of age is required in cases such as sexual offenses or when a child's written statement is
tendered as evidence.

A person under seven years is not criminally responsible for any act or omission.

139-140 Criminal Responsibility

A person under twelve is not responsible unless they knew they ought not to do the act.

A male under twelve is presumed incapable of carnal knowledge.

A person of twelve or more is presumed to have sufficient discretion and full criminal responsibility.

140 Arrest and Custody of Children and Young Persons

A juvenile arrested with or without a warrant must be brought immediately before a Magistrate’s Court.

If this is not possible, the police officer in charge must inquire into the case and release the juvenile
unless the charge involves homicide or a grave crime, or further detention is in the juvenile's best
interest.

If arrested without a warrant, the parent or guardian must enter into recognizance to secure the
appearance of the juvenile and the parent or guardian.

140-141 Power to Detain Otherwise Than for an Offence

A police officer may detain a child or young person believed to be in need of care or protection or to be
prevented from receiving education.

Categories of children and young persons in need of care and protection include orphans, those
neglected or ill-treated, those with criminal or drunken parents, and those exposed to moral danger.
Children and young persons should not associate with adults charged with or convicted of any offense
other than an offense with which the child is jointly charged or convicted.

142 Moral Danger and Conclusion

A child or young person is considered to be in moral danger if they are found destitute, wandering
without a settled place of abode, begging, or loitering for the purpose of begging.

It is an irrebuttable presumption that a child under seven cannot commit a crime in Nigeria.

The law is strict regarding the treatment of juvenile delinquents and their delinquencies.

142 Summary and Tutor Marked Assignment

Children and young persons are treated differently based on their definitions and are subject to the
Children and Young Persons legislation.

Treatment includes care and protection from moral danger and addressing juvenile delinquencies.

One must define the term Moral Danger and list categories of people needing care and protection.

144 Women and Other Special Groups: Introduction and Objectives

Certain groups of people are treated specially and differently in Modern Nigeria due to their
peculiarities.

These groups include children and young persons, mental defectives, women, prisoners, and the poor.

The focus of this unit is on these special groups.

145 The Women and Criminal Responsibility

The Women groups are treated like children and young persons in some cases and like male adults in
other cases.

No citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of their sex.

Modern statutes make no distinction between a married woman and any other adult with regard to
criminal responsibility, except for specific exceptions.

145-146 Accessory After the Fact and Compulsion of Husband

A wife of Christian marriage does not become an accessory after the fact if she assists her husband to
escape punishment.

A married woman is not free from criminal responsibility for doing or omitting to do an act merely
because her husband is present.

A wife of a Christian marriage is not criminally responsible for doing or omitting to do an act if she is
actually compelled by her husband to do so in his presence, except in cases of offences punishable with
death or grievous harm.

146 Crimes and Evidence

A husband and wife of a Christian marriage are not criminally responsible for a conspiracy between
themselves alone.

A husband and wife are criminally responsible for an act done by him or her with respect to the property
of the other, which would be an offence if they were not husband and wife.

Every person charged with an offence is a competent witness for the defense at every stage of the
proceedings, whether charged solely or jointly with other persons.

147 Children and Young Persons

Juvenile ‘at social risk’ cases are handled by the Juvenile Welfare Branch, comprising specially trained
female police officers.

Juveniles in trouble are taken to the Juvenile Welfare Court, a specialized court.

Issues concerning the abolition of Canning has been revived in recent time.

147 Canning

The Beijing Rules recommend that juveniles not be subjected to corporal punishment.

Alternatives include deprivation of privileges, withdrawal of love, community service, and group
counseling.

Arguments in favor of canning include that it is a form of judicial benching, culturally acceptable,
preferred to institutionalization, and swift.
148 Arguments for and Against Canning

Arguments against canning include that it is primitive, inhuman, inflicts pain, and can make juveniles
bitter and revengeful.

The main advantage of canning is that it doesn't waste time and costs less, but the main disadvantage is
that it does not remove the root cause of juvenile delinquency.

148 Mental Defectiveness

Mental defectiveness is a special group and is recognized as such at law.

Early notions were based on biological factors and the concept of freewill, but modern philosophers
have modified this.

Special groups who lack free will, such as psychopaths, lunatics, and children, enjoy certain concessions
in criminal justice administration.

148-149 Insanity

A person is not criminally responsible for an act if, due to mental disease, they lack the capacity to
understand their actions.

A person affected by delusions is criminally responsible to the same extent as if the delusions were real.

Criminal Justice Administration considers insanity, diminished responsibility, and inability to form
rational judgments.

149 The Prisons and The Poor

Persons in prison are a special group with restricted freedoms.

Prisons exist to identify reasons for anti-social behavior and train offenders to become useful citizens.

The government of Nigeria is nearer achieving this objective with the establishment of the Open Prison
System and National Open University of Nigeria Prisons Special Center.

150 NOUN and The Poor

NOUN's objectives include encouraging learning and providing education to those unable to enroll for
full-time university education.

The criminal Justice System recognizes the poor as a special group and has the Legal Aid Scheme to their
rescue.

The National Assembly provides financial assistance to indigent citizens whose fundamental rights have
been infringed.

150 Conclusion and Summary

The Children and Young Persons Legislations apply equally to both male and female delinquents.

Adult male and adult female are subject to the Criminal and Penal Codes.

Women married under the Act enjoy partial defenses to criminal liability for specified crimes.

151 Tutor Marked Assignment and References

Compare and contrast the criminal justice administration of adult offenders/offences and the special
groups offenders/offences.

The English Legal System, Cavenish, and the FGN: Children and Young Persons Legislations, are useful
resources.

152 Women: Victims and Agents Introduction and Objectives

Women’s involvement in crimes whether as offenders or victims is a recent phenomenon in Nigeria.

Categories of offenders and crime victims cut across sex barriers.

Both men and women have been disgraced at probes and tribunals; arrested at home or abroad for
fraud or for pushing and trafficking dangerous drugs.

153 Main Content

The ratio of female to male convicts has been 1:5.

Prison population percentage distribution is 96.4 (male) 3.6 (female).

Implications are that women enjoy more leniency in court, are protected more readily from prosecution,
and are less likely to earn custodial sentences than men are.

153-154 Lagos State

In Lagos State one weekend, of all the suspects, 92.1% were Male and 7.9% were Female.

Female suspects appear to enjoy bail while the males are more likely to be remanded.

Some Scholars have argued that it would be nearer to comprehending the cause of crimes and therefore
able to proffer effective control if only one can discover whey there are so few female offenders and
overwhelming number of male offenders.

154 Victimization of Women

It is significant to point out that female criminality has the potentiality to generate juvenile delinquency
because children and young persons are closest to their mothers.

Women have been victims of crimes also. Examples are; state violence, domestic violence, female
crimes (e.g. rape etc).

Esemede (19..) in his study of off-springs of female convicts found as follows: Hostility and rejection by
families 53.6 per cent. and Teachers 43.0 percent.

155 Investigation and Conclusion

Female suspects under arrest are not detained in the police cells where male suspects are.

Women convicts have separate Prisons.

Clifford (19…) is nearly right when he says that in the light of little knowledge about crimes in Africa
(Nigeria inclusive) even simple observations have some value; number of offenders/victim, and even
simple accumulations of evidence in known cases all are useful.

155 Summary and Tutor Marked Assignment

As women get emancipated, and take up what was formerly men’s work position, they have also
become exposed to criminogenic situations also exercising the choices in diverse ways.

One must account for Female involvement in Crimes and Criminality in Nigeria.
The Criminal Justice Administration in Nigeria does not adequately protect the interest of Nigerian
women.

157 Victims of Crime: Introduction and Objectives

Victims have constituted a neglected side of the criminal justice Administration.

To as a student of Criminology and Security Studies, the subject is sine qua none because an
understanding of the relationships between all the parties to crimes and their roles is of tremendous
assistance in identifying the criminal properly so called, bearing in mind that crimes are responses to
specific situations.

By studying this unit, one should be able to define the term “Victim” of crime and critique the criminal
justice system as it relates to Victims of Crimes.

158 Main Content: Crime and Punishment

In the Criminal Justice System, a victim of crime is a person harmed by crime.

The Constitution provides that a person shall not be convicted of a crime unless it is defined and its
‘punishment’ is prescribed in a written law.

Criminal law is assumed to be a set of prohibition and duties coupled with penalties.

158 Development of Crime

In the earliest time, all wrongs were civil, first redressible by vengeance, then by extraction of ‘Bot’ as a
form of compensation.

Subsequently some wrongs became “botless” and those who committed such offence were not merely
fined but were punished severely by the state.

In place of private vengeance, the king exacted royal vengeance, in place of exaction of compensation as
in other wrongs like tort, the crown confiscated the felon’s property and exacted outrageous fines to
enrich the treasury (crime).

159 Objective of Customary Justice

The objective of the customary justice administration is reconciliatory and restitutive.

Following the introduction of the British type of police and prisons, the British Colonial Administration
warned the Native Courts that it was no longer sufficient to order that stolen property be restored to its
owner but that the offender should additionally be punished.

There was a shift to punishment as the object of Criminal Justice System.

159 Definition of Victims

The term victim means any person who has suffered injury, loss, or damage in consequence of a criminal
offence.

Classes of victims of crime includes, Direct Victims of Crime and Indirect Crime Victim.

Direct Victims of Crime refers to persons immediately 159ictimize 159 by the conduct of the offender.

159 Indirect Crime Victim

Indirect Crime Victim is a person other than the direct victim who suffers some loss or pain as a result of
crime.

Often, it is not clear cut who a victim is.

the parties to crimes do at times react and cooperate with one another.

160 Examination of Cases and International Crime Victims

In many cases too, the external precipitate factors and excruciating circumstances, if properly analysed,
may even bring about a complete acquittal of the accused persons or at worst a finding of partial
liability.

A crime committed in one country can victimise people in other countries at the same or at different
times.

Examples of international crime are victims of computer fraud and money laundering, crimes against
natural environment like illicit disposal of nuclear and other forms of toxic waste and theft of cultural
patrimony.

161 Justice, Remedy and Approach

Crimes offenders and victims known to the police represent a mere tip of the iceberg.
The Police or other investigating agencies obtain statements from the aggrieved victims, and also
summon them to testify as prosecution witnesses, That completes the role of crime victims in the
criminal justice continuum.

The rights of the victim to protection of law, redress, or restitution receive little consideration if at all.

161 Victims Remedy

It apportions blame to a party, it involves punishment, It leads to strained relationship and bitterness
since the belief is strong that parties do not take themselves to court and become friends again.

It is a European conception of criminal justice. and It denies the victims of crimes any remedy or
compensation.

Two approaches are the dichotomy approach and the victim impart statement approach.

162 Victims Impact Statement Approach and Milan Plan of Action, 1985

The dichotomy approach denies victim remedy, identifies the state and the offender as the only parties
in a criminal justice administration.

The Victim Impact Statement Approach demands that criminal proceedings should contain “Victim
Impact Statements”.

Milan, Italy in 1985, considered among other things the issues of Criminal Justice Process and
Perspectives in a changing world and Victims of Crime.

162-163 Highlights of the Resolutions

Victims should be treated with compassion and respect for their dignity and are entitled to prompt
redress for harm caused.

Judicial and Administrative mechanisms should be established and strengthened to enable victims to
obtain redress.

Steps should be taken to minimize delay and inconvenience to victims, ensure their privacy and protect
them from intimidation and retaliation.

163 Highlights and Self Assesment

Offenders should, where appropriate make restitution to victims or their families or dependants and
states should consider incorporating into national law, norms proscribing abuses of power, including
political and economic powers.

Courts of Criminal Jurisdictions include: Customary Courts, Area Courts, Magistrate Courts, High Court of
the State and Federal High Court.

Other courts are Court Martial, Court of Appeal and Supreme Court of Nigeria. Since the year 2002,
there has been an International Criminal Court.

163 Stare Decisis

The Doctrine of Stare decisis is that when a principle of law has been once officially decided or settled by
the ruling of a competent court in a case in which it is directly and necessarily involved, it will no longer
be considered as open to examination or to a new ruling by the same tribunal or by those which are
bound to follow its adjudication, unless it be for urgent reasons and in exceptional cases.

163-164 Ratio Decidendi and Obiter Dictum

Granville Williams (19,,,) explained that English Courts (and Nigeria Courts also) are obliged to your
previous decision within more or less widely defined limits.

Obiter Dictum (by the way) may be described as ‘chance of remark’.

Finding the ratio decidendi of a case is an important aspect of legal training.

164 Law Reports and Hierarchy of Authority

A System of Law Reporting is essential to judicial precedent and the hierarchy of the courts.

Examples are: Nigerian Law Reports, Selected Judgment of the West African Court of Appeal, Selected
Judgments of the Federal Supreme Court of Nigeria and Judgments of the Supreme Court of Nigeria.

The rank of each of the Courts is important in judicial precedence and hierarchy of the Courts, and
authority.

165 Hierarchy

The general rule is that every court binds lower courts in the same hierarchy.
For examples, the Supreme Court is the highest court in Nigeria; all its decisions enjoy peculiar sanctity
and authority and bind all other courts in Nigeria.

The Court of Appeal binds all courts except the Supreme Court.

165 Conclusion

Traditional criminal justice system accorded due consideration to the rights of all the parties to crime.

Under the Modern Criminal Justice System, customary criminal law system has ceased to exist.

Punishment and imprisonment are predominant and these are contrary to custom and only the state
benefits to the exclusion of the direct crime victims.

166 Summary and Assignment

The Victims of Crime are a wide category, there are direct and indirect victims.

There is a dichotomy between the rights of an offender and those of the victims and this has begun to
attract global attention.

One must evaluate the position of Criminal Justice Administration as a course in the CSS Programme.

CSS 772 (1).pdf - ChatPDF