endstream Mr. Justice Nwali Sylvester Ngwuta About Nwali Sylvester Ngwuta CFR. Juvenile Courts There is a committee structure in situ to analyze and listen to juvenile law violations. Argues that if legislation is passed that prohibits the execution of the mentally retarded, death penalty supporters argue that the justice system will result in chaos. 2 tables and 59 references, Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). In addition to these actions, which for adults constitute crime and delinquency for children, There are other behaviours that when exhibited by children and young people, are considered delinquent even though they do not qualify as crimes for adults. There are a number of Opines that this was an abuse of the system and a waste of millions of dollars. Reasons for care proceedings can include neglect or assault by parents, but they always stem from the fact that the juvenile has committed an offense. Thus, a juvenile who commits an offense will come before the youth court in one of two ways: criminal proceedings or care proceedings. Opines that the burden of capital punishment falls upon the poor, the ignorant, and the underprivileged members of society. Opines that the united states is one of the few countries in the world that executes juvenile offenders. can the police, courts, and the system be trusted to get things right on every occasion? Explains robinson, bruce a., "capital punishment; the death penalty". Explains that in respect of non-muslim prisoners, a person nominated by any religious association which is lawfully registered. Omissions? It functions as a court of summary judgement. the late 1600's and substituted imprisonment. Copyright 2000-2023. Please select which sections you would like to print: Professor of Sociology, Virginia Polytechnic Institute and State University, and Director, Center for the Study of Violence in Society. Opines that the death penalty is not the best way to ensure public safety. Bethesda, MD 20894, Web Policies endobj Explains that the children and young persons act ii is the major piece of legislation dealing with matters affecting children and young persons in nigeria. Cites the u.s. department of justice's sourcebook of criminal justice statistics. Appeals cannot come from a court other than a customary court or a local court. Explains that african-american defendants were almost four times more likely to receive the death penalty than people of other ethnic origin who committed similar crimes. 3 0 obj 4 0 obj endobj endobj 0000005766 00000 n endstream endobj There are many ways that a child is classified in the criminal justice system in Nigeria. arguments in favor of the death penalty. Regarding the specific laws in Nigeria that govern the punishment of juvenile offenders, Sections 11, 12, 13, and 14 of the Children and Young Persons Act deal with the punishment of children and young people who break the law. The PubMed wordmark and PubMed logo are registered trademarks of the U.S. Department of Health and Human Services (HHS). Importantly, the Childs Right Act established a child justice administration system for the administration of juvenile justice. juvenile justice, system of laws, policies, and procedures intended to regulate the processing and treatment of nonadult offenders for violations of law and to provide legal remedies that protect their interests in situations of conflict or neglect. Explains that the real crime is the penalty, which can be extended if a judge finds the person likely to commit the crime upon. The Court reviews cases involving Sharia law, especially in the northern regions of the country. Pinderhughes EE, Dodge KA, Bates JE, Pettit GS, Zelli A. J Fam Psychol. This site needs JavaScript to work properly. When thinking in terms of the juvenile justice system, it is just the integral part of the criminal justice system. He can be reached at atoyebi@omaplex.com.ng, Theodora is a member of the Dispute Resolution Team at OMAPLEX Law Firm. An official website of the United States government, Department of Justice. The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability. The law did not define the term juvenile however, other indicators in the law show that the term refers to a person under the age of seventeen (17) years. endstream Our editors will review what youve submitted and determine whether to revise the article. The term of office of the CCT chairman and members expires at the age of 70. <>stream This paper presents a descriptive analysis of southern Nigeria's juvenile justice system in order to show through comparisons, what people of southern Nigeria consider to be juvenile delinquency and how they treat juvenile offenders. A Juvenile is a term that can be used to refer to a child, minor, or young adult. Opines that china is in labor camps being forced, in the name of reform, to create. Explains that education : a discussion of race and gender. Yet juveniles were tried in the same courts as adults until the Juvenile Court of Law was founded in Chicago in 1899. young and old, the convicted and unconvicted, or the sane and insane. the boston globe, september 28, 2003. pg. Explains that the u.s. has executed over 800 people since 1976, and as of december 2002, over 3,700 men and women were on death rows across the country. Explains the bureau of justice statistics' "key facts at a glance: prisoners on death row by race.". Opines that mandatory death sentences would be more effective if there was a limit on the number of appeals which someone on death row was entitled to. xS* Forty-three of those, death penalty continues to be In Nigeria, we have Courts of General Criminal Jurisdiction and Courts of Special Criminal Jurisdiction. Hb```"+ bE8_}ie`ss'bP Pn0Aa.lM~. Hon. only four countries -- the u.s., the democratic republic of congo, pakistan and iran -- are known to have executed juveniles. endobj 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. endstream If he is charged jointly with an adult crime while being tried in juvenile court, he can be sent to an adult court for trial, though he is normally returned to the youth court for sentencing. endstream Explains that the united states bureau of prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. An official website of the United States government, Department of Justice. Explains that there are several alternatives to the death penalty, including community policing, which is a strategy for utilizing police officers as people who solve problems by becoming an integral part of the neighborhoods they protect. 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. endstream (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. Analyzes sharp, dudley, "mental retardation and the death penalty". This also means that the decision of the lower courts can be appealed to higher courts. Its appeal jurisdiction does not extend to the appeal of the district court. much debate continues in the us as to whether it constitutes an appropriate punishment. Describes the crimes reported by the police: homicide. A .gov website belongs to an official government organization in the United States. Explains that capital punishment remains controversial and heavily debated on both philosophical (moral) grounds as well as on a strictly financial basis. <>stream Virtual Appointments. It has appellate jurisdiction over decisions of Customary Courts, Magistrate courts etc. The court is established by the House of Assembly. The first court dedicated to cases involving delinquent children was a success, which led to the creation of other juvenile courts, known colloquially as childrens courts or family courts, in other states. Judges of the Supreme Court must be qualified to practice in Nigeria and have at least 15 years of qualifications. In most cases a youth also will be tried as an adult for murder or manslaughter. <>stream endstream <>stream Opines that a handful of executions per year will not have any real deterrent effect especially on the people who society would most like to be. drug traffickers may be deterred because they have a clear option with defined risks. A male child under the age of 12 is always assumed to be incapable of having carnal knowledge and therefore cannot be held responsible for offenses requiring that element. 19 0 obj Execution of juveniles, The United States is one of only six countries to execute juveniles. %PDF-1.5 endobj Explains that the belief in murder is based on the assumption that it is only fair that if murder occurs. A meta-analysis of the literature on minority youths in the juvenile court found that racial and ethnic status influenced the decisions made about individual youths at every stage of the juvenile court process. Therefore, if there is no hierarchy of courts, this cannot be achieved. The following are the laws that play a role in the sentencing of Juveniles in Nigeria: a) Child Rights Act. 15 0 obj Cites the u.s. census bureau's the black population in the united states: march 2002. Learn how your comment data is processed. Exploring Disproportionate Minority Contact in the Juvenile Justice System Over the Year Following First Arrest. Under no circumstances may the board of directors regulate or operate a daily courthouse, per the law. jurors. WebExtant revised NJC Guidelines and Procedural rules for the appointment of Judicial Officers of all superior courts of record in Nigeria are as follows: Read More. Padgaonkar NT, Baker AE, Dapretto M, Galvn A, Frick PJ, Steinberg L, Cauffman E. J Res Adolesc. religious tolerance. Argues that scientific studies have consistently failed to find convincing evidence that executions deter crime more effectively than alternative sentences. xS* christian science monitor. Explains that pakistan abolished the death penalty for juvenile offenders and the drc established a moratorium on executions. 2013 Jul;14(7):513-8. doi: 10.1038/nrn3509. Journal of <>stream <>stream Making prison libraries visible, The Nigeria Juvenile Justice System In Nigeria. WebAlmost all juveniles commit at least one delinquent act before turning 18, but most are never arrested. Consent for the Execution of money judgements against the government, 9 things every Nigerian should know about the Labour Act. Describes the 40,500 people living in a city where guards can choose between accepting bribes or dying. Explains that prison department used prison regulations 2000 for the general principles of prison administration. <> endobj 7 0 obj Epub 2013 Jun 12. The author concludes that early intervention into the lives of these youths is necessary to address the increase in juvenile crime. (2003). 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. 0000002188 00000 n % that the death penalty reduces crime because it, Robinson, R.L. They write new content and verify and edit content received from contributors. xS* <>stream Web1 Afolabi Aina Street 100281 ikeja, Lagos, Nigeria Tel: 234-1-4933195 Fax: 234-1-4935339 e-mail: cleen@cleen.org. Early common law made no special provision for children who committed crimes. 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Hon. who were under 18 years-old at the time they committed their crimes. 0000005957 00000 n There are a number of arguments in favor of the death penalty. Despite the Muhammadu Buhari government implemented minimum wage for the civil servants in the federation coppers but up to date Nigeria, like Sudan, is almost evenly split into a predominantly Muslim North and a Christian South. The .gov means its official. in 1994, the state of texas executed robert nelson drew even after another man confessed to the murder. Explains that there was a lot of debate about the two systems. <> In 1993, while only 15% of the juvenile population was black, black youths were involved in 28% of all arrests and 50% of all violent crime arrests. R Opines that america still leads industrialized world in handgun homicide, despite gains made since brady law. sharing sensitive information, make sure youre on a federal Juvenile Delinquency Among Adolescents in The Government Remand Homes, Lagos State Nigeria. 2 0 obj homicide rate per 100,000 population. Despite the rise in person offenses, the majority of delinquency cases in juvenile court involve property offenses, and less than 10% of the caseload consists of violent offenses. in texas and north carolina, it costs over $2 million per execution. It was established in accordance with Chapter C15 of the Code of Conduct Bureau Act and the 1999 Constitution. National Library of Medicine <>stream Explains that there are conflicting views in terms of religion and the death penalty. The election tribunals are national electoral courts, which usually jointly constituted by the Judges of the superior courts of records and Court of Appeal Justices, in the case of the presidential election. The site is secure. 0000003562 00000 n It is the apex court of Nigeria, which implies that the jurisdiction of the court is the highest in Nigeria. It is provided for under Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The Juvenile Justice System in Nigeria was guided by the British so it is difficult to ignore or understand without knowing the colonials past. Explains that juveniles can be tried in one of three ways: concurrent jurisdiction, excluded offenses, judicial waiver, and mandatory waivers to adult court. Explains that capital punishment has existed in the us since colonial times. It is the only court not prescribed for under the 1999 Constitution of the Federal Republic of Nigeria (as amended). Office of Childrens Issues Describes those with money and those without money. -By Richard Odusanya, Low Hanging Fruits For Tinubunomics By Adebayo Sodade, Open Letter to the President-elect -By Garba Abdullahi Mustapha, NANCA: How quota system as practice in Nigeria is destroying Nigerian community in Austria By Uzoma Ahamefule, Referendum; The Alternative Remedy For Ethnically ill and Warring States -By Nweke Daniel, 10th Senate: Will Tinubu/APC Adopt Inclusivity Or Status Quo? Explains that only "sane" murderers can be executed. Explains that this act has made a large impact on the legislation in nigeria dealing with juveniles. Psychiatric disorders among detained youths: a comparison of youths processed in juvenile court and adult criminal court. According to Mboho and Udousoro (2014), juvenile justice does not Posits that a felon alone with only the bible to read would be punished. 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. Explains that people are misinformed about the death penalty. b The subject matter of the case is within the courts jurisdiction and there is no feature in case which prevents the court from exercising its jurisdiction. Argues that if criminals cannot rationalize their actions, the death penalty can have no effect on the decisions of future offenders. <>stream Cites glick, b., wilkerson, i, and lefevre, p.s. 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. 0000000727 00000 n Explains that clark, s., and patrick, b. choose freedom read : book talks behind bars. endstream 9 0 obj they have the right to an educated lawyer since they are not aware of how the criminal justice system functions. China, the Democratic Republic of copyright 1986 harvard law review association. the daily home. the irreversible death sentence requires courts to follow heightened due process in the preparation and course of the trial. The customary appeal court has no original jurisdiction. <> endobj c The case before the court initiated by due process of law and upon fulfillment of a condition precedent to exercise of jurisdiction. pretrial motions, expert witness fees, jury selection and the necessity of two trials per gregg v. Explains that a single trial can mean bankruptcy, tax increases, and the laying off of personnel such as police officers. Thus, a child below the age of 7 is not criminally responsible for any act or omission. <><><>]/Order[]>>>>/PageMode/UseNone>> Based on ethnographic observations in Nigeria and predicated on a review of ethnographic literature on Nigeria as well as a study of the Nigerian Criminal Code and Procedure, the paper suggests that the informal control of juvenile delinquency may be a panacea for recidivism and a consequent criminal career. The judge of the Supreme Court of Nigeria must be retired at the 70 years. banned the death penalty, its application is still, use of the death penalty, we suggest that the presidential candidate take a cautiously anti-death penalty stance. xS* Coauthor of. endobj the us is one of six countries which executes people who were under 18 years-old at the time of their crimes. However, the various courts established in Nigeria can only exercise their responsibility to adjudicate in accordance with the jurisdiction granted to it by the 1999 Constitution of the Federal Republic of Nigeria. Opines that concern for the rights of the poor is not a popular cause in society. Opines that educational classes should be arranged at every prison and reasonable facilities, under such conditions as the director general may determine, shall be allowed to prisoners who wish to improve their education by correspondence courses or private study, or practise handicrafts. ~jm-o'ZL !ula~r/a[zLE-V:}.c8v'qw$cU]2}WbHng!!Hods,4d~'OK/vy5^VfZonsschLuK|QI\B$eSPaI;Lz/>GbC(dX'O mYbpwJ"(rW)vAyN3)ox0h:XyWBJ (Nt!N1^+}JRaQn ]E#(m Pu${ ql%c"M/n/7HpI&9 2$$~^D># a/)pH/W. 0000006954 00000 n Cites the u.s. department of justice's sourcebook of criminal justice statistics 2002. state correctional facilities provide mental health screening and treatment. This site uses Akismet to reduce spam. I.e. Describes collins, r., and boden, l. guidelines for prison libraries. 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) The Nigeria Juvenile Justice System is the country that I chose to focus on while presenting my term paper. Explains that over half of the countries in the world have abolished the death penalty, including all other major industrialized, democratic nations. endobj Youth courts also deal with children of any age up to 17 in what is called a care proceeding, which is based on the idea that the child is in need of court-ordered care, protection, or control because one of a number of conditions is satisfied. Explains that a library shall be provided in every prison, and subject to these regulations and to such conditions as the director general may determine, each prisoner shall have library books and exchange them as often as practicable. 8 0 obj The Children and Young Persons Act 2 is the major piece of legislation dealing with matters affecting children and young persons in Nigeria. The Court of Appeal ranks second among Nigerian courts, and second only to the Supreme Court. States that holland, gina, "justices look at the execution of the mental ill". Opines that the murder of prison guards could involve murder if they know that they can't get no money. Narrates how police had told him that signing it would be to his benefit. 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. 31 0 obj In the cases that it is not reported to the police, it usually directed at family members and neighbors. In short, the advantages of the Nigerian court hierarchy include the doctrine of case law, which stipulates the judgment of the Higher Court is binding on the lower court. 0000001373 00000 n x+ | Organizations such as Amnesty International and the American Civil Liberties, currently legal in 38 states and two federal jurisdictions (Winters 97). , In Nigeria, the exercise of sentencing discretion is unrestricted and thus, gives the Courts (i.e., Judges or Magistrates) a very wide field of action and takes into account different preferences and methods of solving the same issue. 1 0 obj WebExplains that juveniles can be tried in one of three ways: concurrent jurisdiction, excluded offenses, judicial waiver, and mandatory waivers to adult court. Opines that every prisoner able to profit from educational facilities should be encouraged to do so. Let us know if you have suggestions to improve this article (requires login). 0000002375 00000 n R Compares the cost of the death penalty versus life imprisonment, stating that it is more expensive than keeping a criminal imprisoned for life without parole. A grounded look at the debate over prison- WebJuvenile courts have jurisdiction over all cases involving children or young persons except in the following circumstances: Section 8(2) of the CYPL provides that where a child or Describes the most widely cited studies in favor of the death penalty. His lordship had his basic education in the Eastern part of Nigeria and got his LLB in University of Ife (Now Obafemi Awolowo University). In 1991 the Criminal Justice Act allowed the newly named Youth Court to handle cases involving 17-year-olds, and in 1994 the Criminal Justice and Public Order Act assigned stiffer punishments to juvenile offenders. endobj Suggests reinstatement of mandatory death sentences for specific crimes, which was deemed unconstitutional by the supreme court in 1976. [5] Thus, the Family Court is vested with exclusive jurisdiction in matters relating to children. Many people have a stake in the issue. 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. Opines that the death penalty is no more effective a deterrent than life. 0000001190 00000 n Epub 2020 Dec 5. stream endobj Describes sharp, dudley, and the death penalty in black and white. <>stream Narrates how the state was forced to lay off workers after imposing the death penalty. endobj While the Nigerian criminal law is based on English common law, the process of introducing juvenile delinquency as a legal term did not begin until 1900. 1 0 obj x+ | endobj x+ | Explains that the aid temperature rose as high as 123 degrees fahrenheit. 23 0 obj This article follows those youths who are arrested on the pathway through the When discussing each part of this paper, I tried to get as much as information as possible to highlight Nigerias Juvenile Justice System. While international documents have restricted and in some cases even Narrates how they were arrested by police and thrown into a cell. <>stream PMC Argues that death penalty supporters argue that the concern should be in saving the lives of potential victims, not protecting the rights of the criminals. Child Adolesc Psychiatr Clin N Am. only 4% believe that a person convicted of first-degree murder will spend his life in prison.
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