There are some cases such as truancy and running away from home that are handled by the juvenile court. The following are the hierarchy of courts in Nigeria: It is provided for under Section 230 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Hb```"+ bE8_}ie`ss'bP Pn0Aa.lM~. 0000005766 00000 n Mr. Justice Nwali Sylvester Ngwuta was born in 1951 in Amofia-Ukawu, Onicha Local government Ebonyi State. Discipline responses: influences of parents' socioeconomic status, ethnicity, beliefs about parenting, stress, and cognitive-emotional processes. show more content. Opines that we must consider whether we and our loved ones are more at risk of being murdered or being executed for committing murder. xS* 3 0 obj 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. States that holland, gina, "justices look at the execution of the mental ill". The number of cases involving person offenses increased by 52%. Forty-three of those, death penalty continues to be Explains that death penalty supporters claim that even the possibility that capital punishment will deter murderers from murdering again is enough reason to maintain the system. Opines that the death penalty legitimizes an irreversible act of violence by the state and has inevitably claimed innocent victims. 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 <>stream 8 0 obj Presents a paper presented at the national convention of the community college social science association, missouri. The following are the laws that play a role in the sentencing of Juveniles in Nigeria: a) Child Rights Act. 0000001373 00000 n It is provided for under Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Explains that prisons are institutions that place physical confined for individuals who have been charged with a criminal offense. 2016 Jan;25(1):41-7. doi: 10.1016/j.chc.2015.08.011. Embassy of the Republic of Nigeria 3519 International Court, N.W. Vogel, B. Official websites use .gov The Debate of Reinstating Capital Punishment in Britain, The Costs of the Death Penalty in the United States, Capital Punishment Essay - The Death Penalty in the United States Argumentative Persuasive Essays, The Development and Provison of Prison Library for Juvenile. the death penalty is riddled with class and race bias. Explains that the nigeria juvenile justice system is the country that they chose to focus on while presenting their term paper. during the 1970's due to questions concerning its fairness (Flanders 50). 10 0 obj <>stream The presiding judge and two social workers, one amongst whom must be female, comprise the board of directors. In 1930, the Bureau of Justice Statistics began keeping stats on capital punishment nationwide. 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 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. Cites hamilton, tom, president of nami texas. <> Explains that the current death penalty statutes in the united states violate contemporary standards of decency and various international treaties, because they allow the execution of the mentally disabled and minors. xS* Describes the us embassy in france's "death penalty in the united states". Opines that educating prisoners is less likely to return to prison. endobj <>stream 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. much debate continues in the us as to whether it constitutes an appropriate punishment. 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. 0000006093 00000 n Opines that executions will be the deterrent that the pro-capital punishment lobby expects them to be. ~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. 0000002188 00000 n Explains that the increasing number of teenagers involved in crime in malaysia in recent years is worrying. Cites the u.s. census bureau's the black population in the united states: march 2002. Explains that understanding why criminals commit crime is important in understanding the death penaltys causes and ramifications. https://www.britannica.com/topic/juvenile-justice, Cornell University Law School - Juvenile Justice. This article follows those youths who are arrested on the pathway through the It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). xS*BC \@:@(6636V033Q 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. Opines that discussing the morality of the death penalty is not complete without considering the families of victims. <>stream 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 Argues that the u.s. should sustain the current death penalty system, abolish it in favor of life in prison without parole plus restitution, or reform it to make it less costly and free of class, racial, and mental illness discrepancies. the boston globe, september 28, 2003. pg. ) or https:// means youve safely connected to the .gov website. R A common feature of these reforms is the strengthening of diversion programmes. Opines that the death penalty is no more effective a deterrent than life. 4 0 obj endobj 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. The Court of Appeal Justices are the only judges that can sit in this tribunal in accordance with the constitutional provisions. Copyright 2023 Opinion Nigeria. Correctional Education. Explains that congo, the united states and iran are the most prolific executioners in the world. 123Helpme.com. Therefore, if there is no hierarchy of courts, this cannot be achieved. <>stream Analyzes amnesty international's "facts and figures on the death penalty.". b) Children and Young Persons Act. 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. Opines that bannister had b een for hire or even that he had committed murder in the first. The customary appeal court has no original jurisdiction. Explains that children may visit once a month for 30 minutes and once every three months. 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 over half of the countries in the world have abolished the death penalty, including all other major industrialized, democratic nations. 2008 Sep;59(9):965-73. doi: 10.1176/ps.2008.59.9.965. They write new content and verify and edit content received from contributors. 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. The area of sentencing encompasses a wide range of methods and theories. 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. Office of Childrens Issues journal of correctional education. Explains that the greatest concern expressed by opponents of capital punishment is that innocent people can be executed. It further asserts that governments should attempt to make the procedures and structure of the juvenile court, as well as the disposition of the juvenile, more informal than they are in most countries today by establishing neighborhood courts of lay judges. No individual shall be sentenced to imprisonment, according to Subsection (2), if he can be properly dealt with in any other way, whether by probation, fine, corporal punishment, committal to a place of detention or to an approved institution or otherwise. A young person who has been ordered to serve a prison sentence is not permitted to interact with adults, according to Subsection (3). A Juvenile is a term that can be used to refer to a child, minor, or young adult. stream It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). A supervision order can also include restrictive requirements prohibiting the juvenile from certain activities or a curfew in the form of a night restriction, a requirement to remain at home during the evening for a specified period. Its appeal jurisdiction does not extend to the appeal of the district court. Illustrates the varying costs at the trial level. This also means that the decision of the lower courts can be appealed to higher courts. <>stream The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's (Winters103-107). endstream Consent for the Execution of money judgements against the government, 9 things every Nigerian should know about the Labour Act. Explains that the united nations human rights commission has passed a resolution calling for all nations that continue to execute to restrict the number of offences for which the death penalty may be imposed and to suspend executions. <>/ProcSet[/PDF/Text]>>>> Padgaonkar NT, Baker AE, Dapretto M, Galvn A, Frick PJ, Steinberg L, Cauffman E. J Res Adolesc. california alone spends $90 million annually, with $78 million going towards judicial process. Of all delinquency cases referred to juvenile court, approximately one quarter are dismissed or diverted for handling outside the court process. Bethesda, MD 20894, Web Policies xS* Epub 2013 Jun 12. Explains that there was a lot of debate about the two systems. endobj Opines that the bop pays Congo, the United States and Iran are the most prolific executioners 22 0 obj endobj felons. <>stream Explains baicker, katherine, "the budgetary repercussions of capital convictions". Early common law made no special provision for children who committed crimes. x+ | There are more than one million children worldwide that are in the care of the juvenile justice system. The Court of Appeal always consists of the President of the Court of Appeal and 49 judges, appointed by the President on the recommendation of the National Judicial Council (NJC), subject to confirmation by the Senate. 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. 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. 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. Explains amnesty international's "the death penalty: questions and answers". endstream 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. justice for all, 18 october 2001. 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. 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. Juvenile correctional institutions in Nigeria include the juvenile courts, borstal centres, approved schools and remand home. Narrates how the state was forced to lay off workers after imposing the death penalty. WebToggle Juvenile sex crimes subsection 7.1Prevalence data 7.2Official record data 7.3Males who commit sexual crimes 7.4Juvenile sex crimes internationally 8By country Toggle By country subsection 8.1United Kingdom 8.2Canada 8.3Northern Europe 8.4United States 8.5Brazil 9See also 10References 11Further reading 12External links Exploring Disproportionate Minority Contact in the Juvenile Justice System Over the Year Following First Arrest. endstream R 5 0 obj Explains that the death penalty is an effective deterrent to crime despite what critics may think. Cites the u.s. department of justice's sourcebook of criminal justice statistics 2002. state correctional facilities provide mental health screening and treatment. It is a court of coordinate jurisdiction with the Federal High Court and the National Industrial Court. Explains that the united states, china, iran and saudi arabia account for over 80% of the executions recorded by amnesty international. A lock ( In America the concept of imprisonment came because of deep religious beliefs. 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 the death penalty is applied exclusively to those who are from the poorest segments of society and are unable to afford to defend themselves. From 1930 until 1967, 3859 people were executed in the US, 3334 for murder (www. Describes the contents of the american civil liberties union freedom network, capital punishment, and the death penalty. 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. The Childs Right Act provided for the establishment of Family Court at the High Court level and family court at the Magistrate Court level. Juvenile Courts These courts, as <>stream both sides seem to be able to crunch the numbers and make strong, if somewhat wrong, arguments. Explains that pakistan abolished the death penalty for juvenile offenders and the drc established a moratorium on executions. <>stream National Assembly Election Tribunal: This involves petitions for elections in the Senate and House of Representatives. A deep look into juveniles in adult prisons. R Early jails were mostly dark, overcrowded, and filthy. In other words, Nigeria s court hierarchy is an integral part of Nigeria s legal system, which provides organization and clarity for judicial work. Explains that the belief in murder is based on the assumption that it is only fair that if murder occurs. 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. Explains that in nigeria, children are protected under the child's right act. 14 0 obj the us is one of six countries which executes people who were under 18 years-old at the time of their crimes. 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. endobj endstream Accessibility While every effort has been made to follow citation style rules, there may be some discrepancies. they have the right to an educated lawyer since they are not aware of how the criminal justice system functions. Retrieved 21 March, 2008 from http://findarticles.com/p/articles/mi_qa4111/is_200412/ai_n9466371/ 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. R Opines that the bop's programs for juveniles are not geared toward rehabilitating children. 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. R This article focuses on Nigerias juvenile justice system, and the conduct of juvenile proceedings in Court. 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. xS* 0000003601 00000 n At present, it is possible to appeal to the Court of Appeal with permission. 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. The Courts of General Criminal Jurisdiction include the following: Area/Customary Courts Magistrate Court High Courts of State/FCT, Abuja, Court of Appeal Supreme Court Appellate General Criminal Jurisdiction 2013 Jul;14(7):513-8. doi: 10.1038/nrn3509. It is not based on age limit, but more of the responsibility and the circumstances of the Explains that women make up only 1% of the death row population. Equally precarious is the countrys unsustainable debt profile. However, they have adopted various age demarcations under responsibility or the circumstances of the offense. Explains that death penalty opponents feel that it leads to an increase in crime because it desensitizes people to violence and sends the message that violence is an acceptable means of resolving conflicts. endobj WebThis 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 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. Drawing on the lessons generated by such initiatives, this article makes 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. Explains that the united states bureau of prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Opines that the burden of capital punishment falls upon the poor, the ignorant, and the underprivileged members of society. can the police, courts, and the system be trusted to get things right on every occasion? x+ | The term of office of the CCT chairman and members expires at the age of 70. Corrections? (2003). A controversial method of juvenile punishment has been the use of corporal punishment. 0000002375 00000 n (UZsi{Z ,-b4Mb45C\C :> Fundamentally, each state of the Federation continues to use the Children and Young Persons Act as the model statute for the administration of juvenile justice. The major disadvantage of the Nigerian court system is that there are inadequate judges in each court system, and the judges are thereby overwhelmed with a plethora of cases which causes protracted delays in resolving simple disputes through a court process by the litigants. Careers. Explains haag, ernest van den, "the ultimate punishment: a defense". Explains the u.s. department of justice's sourcebook of criminal justice statistics. It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. Governor and Legislative Electoral Tribunal: This handle petitions for governor and state legislative elections. Psychiatric disorders among detained youths: a comparison of youths processed in juvenile court and adult criminal court. 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 Clipboard, Search History, and several other advanced features are temporarily unavailable. Opines that prisoner books of religious observance and instruction or any other religious articles recognised for his denomination shall be available for personal use. Opines that china is in labor camps being forced, in the name of reform, to create. In the cases that it is not reported to the police, it usually directed at family members and neighbors. Learn how your comment data is processed. Section 255 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for a High Court in each of the states in Nigeria and in the Federal Capital Territory, Abuja. endobj 25 0 obj endobj 24 0 obj Explains that the officer-in-charge shall make arrangements for the conduct of religious or moral education for prisoners under his charge. Opines that the death penalty is not the best way to ensure public safety. Historically, an increase in juvenile crime (such as the late 20th-century rise in juvenile gun offenses in the United States) has been followed by calls for the reinstatement of corporal punishment in those regions where it had been prohibited. Virtual Appointments. <>stream The Prison Journal. they argue that the wisest position for a presidential candidate is to avoid religious arguments. 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. 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. These include: Children who engage in hawking wares, load carrying, car washing, shoe shining, petty trading, refuse 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. Child Rights Act The Analyzes how libraries without librarians are just a room full of books. Describes collins, r., and boden, l. guidelines for prison libraries. A child between the ages of 7-12 wills not, normally he held responsible for his actions unless it can be proved that at the time of committing the offense, he had the capacity to know that he ought not to do it. (Okagbue, 2000). The Nigeria Juvenile Justice System is the country that I chose to focus on while presenting my term paper. 7 0 obj It is the only court not prescribed for under the 1999 Constitution of the Federal Republic of Nigeria (as amended). The following are the laws that play a role in the sentencing of Juveniles in Nigeria: The Child Rights Act is Nigerias most comprehensive piece of legislation addressing all matters pertaining to children. 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. <>stream endobj 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. endobj Describes the 40,500 people living in a city where guards can choose between accepting bribes or dying. Explains robinson, bruce a., "capital punishment; the death penalty". 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. There is only one Supreme Court in Nigeria which is located in Federal Capital Territory, Abuja, Nigeria COURT OF APPEAL It is provided for under Section 230
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