CHAPTER ONE
INTRODUCTION
1.1 BACKGROUND OF THE STUDY
Criminal
Justice System (CJS) is an essential part of any civilized nation to ensure
justice, fairness, the practice of the rule of law and the institutionalization
of a democratic system. The CJS is a system comprising of many bodies, groups,
institutions or agencies that have been charged with the responsibilities of
ensuring social agreement and mass compliance with the law, and deciding
whether or not an individual is guilty of violating the laws of the society,
and the appropriate punishment to be meted to such an individual. In addition
to such responsibility, the CJS is also responsible for the care and
rehabilitation of individuals found guilty of breaking the laws and to whom
prescribed punishment is meted out. Anecdotal evidences and a cursory look
around one however suggests that something is wrong somewhere particularly
considering the waves of crime in Nigeria. Instances of kidnaps for a ransom,
incessant killings and armed robbery attacks are daily in the news. More
worrisome is the alarming cases of recidivism which then calls to question the
usefulness of the rehabilitation and reformatory homes. The question then is,
what characteristics of the CJS factors in the effectiveness or otherwise of
this system? This study, thus, focuses on the roles of the Nigeria criminal
justice system and its effectiveness in criminal behavior control. The roles
and effectiveness of its principal actors are examined and analyzed within
relevant theoretical frameworks. For the purpose of this paper, crime is
depicted as any act which is against the law and which attracts punishment
and/or fine as stipulated by the law. Hence, any reference to crime in this
paper captures crimes such as corruption, fraud, bribery, embezzlement, rape,
murder, robbery, assault, and so on that violates the laws of the nation.
The
Nigerian criminal justice system is fundamentally flawed and the problem is
represented and manifested at every processing point on the entire criminal
justice system line - from the failure of governance institutions to design a
suitable criminal justice policy that serves the current need of the country,
to the inability of the legislature to appropriately transform policies into
laws, from an oddly designed judicial system plagued by massive corruption,
incompetence and crippling bureaucratic bottlenecks to an outdated and
counterproductive style of policing and a correctional services that inhumanely
warehouses those considered “innocent” by the very law of the society. Criminal
justice can be defined either as a system or as process (Moore, 1997). Defined
as a system, it refers to the set of agencies and processes established by the
state to manage crime and impose penalties on violators of criminal law
(Newman, 1978). Criminal justice process which is subsumed under the criminal
justice system involves the procedure for arrest, charging, trial and
conferment of a suspect. Policies on the criminal justice system are built on
five components and these are: the law enforcement component, the court system,
the prosecution, corrections system and the community. (Clare & Krammer,
1977) Governance determines how the criminal justice system as an institution
of social control in a country is defined and utilized. Furthermore, how well a
country manages its criminal justice system affects its overall performance on
the governance index. An effective criminal justice system is one of the key
pillars upon which the concept of the rule of law is built because it serves as
a functional mechanism to redress grievances and bring violators of social
norms to justice (Garland, 1990).
A
country that gets its criminal justice system right has effectively addressed a
great part of its governance concerns because of the centrality of the criminal
justice system to order and stability. This paper seeks to undertake the
following: measure the performance of Nigeria’s criminal justice system, using
quantitative and qualitative indicators; review the adequacy of the Nigerian
criminal justice policy and analyze how the trio of criminal legislations,
court system and the prison services collectively undermine the criminal
justice system.
TOPIC: THE NIGERIA CRIMINAL JUSTICE SYSTEM AND ITS EFFECTIVENESS IN CRIMINAL BEHAVIOUR CONTROL
Format: MS Word
Chapters: 1 - 5, Abstract, References
Delivery: Email
Delivery: Email
Number of Pages: 55
Price: 3000 NGN
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