juvenile court in nigeria

Explains that there was a lot of debate about the two systems. Analyzes how the majority of americans don't support the death penalty, despite their abstract support for executions. Explains the bureau of justice statistics' "key facts at a glance: prisoners on death row by race.". It is ranked fifth in the Nigerian courts. california alone spends $90 million annually, with $78 million going towards judicial process. From 1930 until 1967, 3859 people were executed in the US, 3334 for murder (www. Furthermore, the Children and Young Persons Act[2] defines a child in Section 3 as a person under the age of fourteen years. COURTS 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. endstream <>stream To debrief sentencers of false notions regarding the validity or effectiveness of some of the metrics that have been used up to this point, it has been proposed that much more work has to be done given that many of these assumptions are not supported by any empirical evidence. x+ | Juvenile offenders with four or more arrests are responsible for nearly two-thirds of all violent crimes and half of all property crimes referred to court. 0000001036 00000 n The number of justices of the supreme court does not exceed 21, and the President appoint them on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate. xS* Hon. The concept of delinquency, as well as special trials and institutions for confining and controlling youth, was established in the mid-19th century in Great Britain, where courts acquired the authority to intervene as parens patriae (Latin: parent of the land) to protect the property rights of children. Opines that executions will be the deterrent that the pro-capital punishment lobby expects them to be. 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. Explains that the real crime is the penalty, which can be extended if a judge finds the person likely to commit the crime upon. Welfare in youth justice is predicated on the idea that rather than punishing young peoples actions, intervention should be based on satisfying their needs. Yet juveniles were tried in the same courts as adults until the Juvenile Court of Law was founded in Chicago in 1899. Juvenile Delinquency Among Adolescents in The Government Remand Homes, Lagos State Nigeria. 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. endstream endstream Explains ronald l. akers' theories of crime and deviance. 11 0 obj Nearly all offenses committed by children are tried in youth courts, though the courts are not bound to deal with extremely serious offenses such as robbery or rape. Updates? endstream endstream A juvenile is a person Juvenile Courts These courts, as Pinderhughes EE, Dodge KA, Bates JE, Pettit GS, Zelli A. J Fam Psychol. 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. It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Explains that the process is still in effect 50 years after it was implemented. Opines that minorities are treated fairly in the justice system. Accessibility endobj Opines that educating prisoners is less likely to return to prison. only 4% believe that a person convicted of first-degree murder will spend his life in prison. This phrase must take the shape of an order[6]which is definite in its nature, type and quantum.[7]. 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. 5 0 obj In this paper, I will discuss six main points to give an overview of how Nigeria disciplines juveniles in their country: the countrys juvenile justice system, when their system started, the laws protecting the children 's programs for juveniles who are in conflict with the law, the sanctions for juveniles and recommendation of how juveniles should be treated in that country. 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. 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In the 19th century the reformatory movement, which established training institutions for young offenders as an alternative to confinement in adult prisons, advanced the concept of treating juvenile offenders differently from adult criminals. 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. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. There are more than one million children worldwide that are in the care of the juvenile justice system. Indeed, the US is one of six countries (including also In practice, however, age usually served as a mitigating factor in punishments accorded to children. The specific mechanisms for administering juvenile justice have varied over timeamong societies and even among jurisdictions within 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. 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). Juvenile Sentencing In Nigeria And The Legal Framework -By Explains that the increasing number of teenagers involved in crime in malaysia in recent years is worrying. has increased during the 1990's (Winters 103-107). 29 0 obj Correctional Education. Importantly, the Childs Right Act established a child justice administration system for the administration of juvenile justice. Educated prisoners are less likely to return to prison. 2008 Sep;59(9):965-73. doi: 10.1176/ps.2008.59.9.965. endstream Juvenile Justice Administration in Nigeria: Philosophy and x+ | can the police, courts, and the system be trusted to get things right on every occasion? It is provided for under Section 277 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Juvenile Court in Nigeria - WE THINK LAW <>stream Explains that death penalty supporters claim that even if it were not a deterrent to crime, it should still be the penalty for first degree murder. JUVENILE SENTENCING IN NIGERIA AND THE LEGAL FRAMEWORK youth advocates, judges, and police have been critical of the movement to federalize crimes already handled by states. Free Consultation. he was sentenced to die in alabama's electric chair for sodomizing a junior college coed, beating her to death, and dumping her body. -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? 0000002188 00000 n lle-ife in 197- and Many death penalty proponents feel In Nigeria, there is no legal definition when defining if a child or group of children is alleged to have minor criminal activity. x+ | States that holland, gina, "justices look at the execution of the mental ill". MeSH in 1994, the state of texas executed robert nelson drew even after another man confessed to the murder. The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's (Winters103-107). xS* <> Illustrates the varying costs at the trial level. Discipline responses: influences of parents' socioeconomic status, ethnicity, beliefs about parenting, stress, and cognitive-emotional processes. 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. Opines that even with death penalty, most killers walk. Opines that the bop pays Epub 2015 Oct 18. The area of sentencing encompasses a wide range of methods and theories. Explains that the enactment of the child's rights act in nigeria was a major leap for the juvenile justice system. There are a number of arguments in favor of the death penalty. 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. the andrea yates case: family to family. Copyright 2023 Opinion Nigeria. they argue that the wisest position for a presidential candidate is to avoid religious arguments. According to Section 30 of the Criminal Code Act, there are only two circumstances in which a child under the age of 11 cannot be deemed legally guilty or responsible; : In the Nigerian case of Labinjo v. Abake[1], the Court held that a person under the age of 21 is a minor and therefore lacks the capacity for contractual obligations. A common feature of these reforms is the strengthening of diversion programmes. juvenile <>stream WebJuvenile court proceedings take place in two courts, a higher court consisting of a single judge and a magistrate court composed of a magistrate and two laypersons, including When discussing each part of this paper, I tried to get as much as information as possible to highlight Nigerias Juvenile Justice System. She also holds commendable legal expertise in Criminal Law Practice, She can be reached at theodora.nnodim@omaplex.com.ng, Lawan vs. Machina: Justices Adamu Jauro & Emmanuel Agim As Expressions Of Judicial Conscience And A Note To Chief Justice Ariwoola On Judicial Fairness And Integrity -By John Egbeazien Oshodi, An Overview Of Shares: Meaning And Rights Under Nigerian Law -By Oyetola Muyiwa Atoyebi & Elizabeth Ebekhile. penalty statutes were overturned and then reinstated in the United States <>stream 123Helpme.com. 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. Explains that juvenile justice is a system of laws that are regulated and process for non-adult offenders of violation of the law. endobj It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Explains that death penalty supporters feel that the likelihood of an innocent person being put to death is very low due to the safeguards in place. 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. HHS Vulnerability Disclosure, Help PMC (Author abstract), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. 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. endstream Explains that prison department used prison regulations 2000 for the general principles of prison administration. 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 death penalty began to be reinstated slowly, but the rate of executions Describes sharp, dudley, and the death penalty in black and white. endobj The Colonial Children and Young Persons Act (CYPA), which was initially designed to apply only to the colony of Lagos, is the primary piece of legislation in Nigeria that governs the juvenile justice system. <>stream Opines that prisoner books of religious observance and instruction or any other religious articles recognised for his denomination shall be available for personal use. endobj 630-912-5051. Opines that prisoners must have knives even if they cannot afford a gun. (1994). Its stated purpose is "to make provision for the welfare of the young and the treatment of young offenders and for the establishment of juvenile courts. (Okagbue, 2000). As a special labour court, all the matters it decides are exclusive to the court, and its judgment so far is subject to appeals only if certain conditions are met. Explains that there was a riot in bogota, columbia, in april 1997. R It has the original jurisdiction to determine and hear any matter as to whether anyone has been effectively voted for the positions of President, Vice President, Governor and Deputy Governor. 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. Opines that capital punishment and mental retardation are international human rights law. WebExplains that juveniles can be tried in one of three ways: concurrent jurisdiction, excluded offenses, judicial waiver, and mandatory waivers to adult court. NATIONAL Virtual Appointments. Analyzes how the death penalty is not being properly enforced since there have been 333,000 murders and only 486 executions since 1977. Juvenile correctional institutions in Nigeria include the juvenile courts, borstal centres, approved schools and remand home. They write new content and verify and edit content received from contributors. <>stream WebFamily Court should be a court of record and given recognition under the Nigerian Constitution. %PDF-1.3 % The Supreme Court is composed of the Chief Justice of Nigeria. A controversial method of juvenile punishment has been the use of corporal punishment. <>stream In the case of the High Court of the Federal Capital Territory, Abuja, the number of judges is determined by the State House of Assembly and National Assembly. Psychiatric disorders among detained youths: a comparison of youths processed in juvenile court and adult criminal court. endstream However, its crucial to note that Subsections (2) and (3) of the same section as Section 11(1) of the Children and Young Persons Act appear to have different provisions. Explains that the death penalty is an effective deterrent to crime despite what critics may think. National Library of Medicine Opines that some in favor of the death penalty feel that even if they were caught, they would be punished. There are many ways that a child is classified in the criminal justice system in Nigeria. % 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 Retrieved 19 April, 2009 from http://tpj.sagepub.com/cgi/content/abstract/83/2/115. based education : Optimistic theory versus pessimistic worldview. Please enable it to take advantage of the complete set of features! 45 0 obj mandatory death penalty was deemed unconstitutional because of woodson v. north carolina. x+ | Explains that the bureau of justice statistics began keeping statistics on capital punishment nationwide from 1930 until 1967. the supreme court ruled that cp laws were arbitrary and capricious and constituted cruel and unusual punishment. Explains that the modern juvenile justice system is a relatively recent invention as the history can be traced to the late 1800s. 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. 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. https://www.britannica.com/topic/juvenile-justice, Cornell University Law School - Juvenile Justice. Hanging, the gas chamber, lethal injection, the electric chair and the firing squad are all used, some notably less than others. endstream 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. 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. show more content, Juvenile justice administration in Nigeria suffers from several inadequacies: legal, policy, planning, implementation, education and research (Alemika & Chukwuma, 2001). There are some cases such as truancy and running away from home that are handled by the juvenile court. <>stream While every effort has been made to follow citation style rules, there may be some discrepancies. 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. Explains that prisons are institutions that place physical confined for individuals who have been charged with a criminal offense. A grounded look at the debate over prison- Equally precarious is the countrys unsustainable debt profile. x^}7=k;V3ejc\(LOdU~~dK_%yF"}2\&?o=16_kcbGw'?=m+tmOz5\qe1\g;yF~~U^iNzO~.rye.>~\yyO|d/I8'ZK> <>/ProcSet[/PDF/Text]>>>> Argues that the presidential candidate should take a cautious anti-death penalty stance based on empirical and moral claims. <>stream Cites mansnerus, laura, and death penalty information center article. Explains that children may visit once a month for 30 minutes and once every three months. It was followed in 2000 by the Criminal Justice and Court Services Act, which advanced the use of community service as a form of punishment. (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. <>stream Opines that if someone kills someone, he or she should pay for the crime with his or her. 0000000820 00000 n The influence of neuroscience on US Supreme Court decisions about adolescents' criminal culpability. religious tolerance. Its appeal jurisdiction does not extend to the appeal of the district court. 31 0 obj sociology: social foundations of public issues, mcgraw hill, 2003. government site. Nigeria Intercountry Adoption <> Juvenile Justice System In Southern Nigeria | Office of Opines that the united states is one of the few countries in the world that executes juvenile offenders. Explains amnesty international's "the death penalty: questions and answers". endstream Narrates how the state was forced to lay off workers after imposing the death penalty. Opines that china is in labor camps being forced, in the name of reform, to create. Of all delinquency cases referred to juvenile court, approximately one quarter are dismissed or diverted for handling outside the court process. endobj <>stream <>stream 19 0 obj 22 0 obj 0000002569 00000 n endstream <>stream xS* While international documents have restricted and in some cases even It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. endobj Cites the u.s. census bureau's the black population in the united states: march 2002. Bethesda, MD 20894, Web Policies Explains that women make up only 1% of the death row population. In addition to age, youth and adult courts are distinguished by the types of cases they handle, with youth courts hearing a much wider variety of offenses. Explains that death penalty opponents feel that the judicial system isn't flawless, and that in the united states it's handed down unfairly. commonly applied in other nations. Transfer of Juvenile Cases to Criminal Court. Nigeria has not adopted certain for criminal responsibility. 2016 Jan;25(1):41-7. doi: 10.1016/j.chc.2015.08.011. Explains that the death penalty is used to silence political opponents and eliminate politically "troublesome" individuals. x+ | 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 customary appeal court has no original jurisdiction. R endstream Criminal Procedure/Litigation In Nigeria: Major Sources ruth ellis might also hang because she was sain, while beverley allitt, who murdered four small children, would be reprieved after having munchausen's syndrome by proxy. 32 0 obj 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. Unauthorized use of these marks is strictly prohibited. In short, jurisdiction can be simply defined as the courts authority to determine the case submitted in a manner prescribed by law. endobj The definition of juvenile delinquency encompasses criminal offenses committed by persons between the ages of 7 and 17; status offenses are excluded. 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. <> R <>stream

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