Opines that it is inevitable that execution will happen sooner or later. The Childs Right Act provided for the establishment of Family Court at the High Court level and family court at the Magistrate Court level. x+ | The definition of juvenile delinquency encompasses criminal offenses committed by persons between the ages of 7 and 17; status offenses are excluded. The judgment of the Code of Conduct Court can be appealed to the Court of Appeal. Explains that the modern juvenile justice system is a relatively recent invention as the history can be traced to the late 1800s. Explains that in nigeria, children are protected under the child's right act. Opines that maher's way out of this life is an education. Updates? Hanging, the gas chamber, lethal injection, the electric chair and the firing squad are all used, some notably less than others. 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. Describes the most widely cited studies in favor of the death penalty. endstream 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. Argues that capital punishment is the only absolute punishment for severe crimes, preventing convicted criminals from committing crimes again. https://www.britannica.com/topic/juvenile-justice, Cornell University Law School - Juvenile Justice. Yet juveniles were tried in the same courts as adults until the Juvenile Court of Law was founded in Chicago in 1899. 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. The death penalty began to be reinstated slowly, but the rate of executions endobj endstream %PDF-1.3 % Child Adolesc Psychiatr Clin N Am. 2013 Jul;14(7):513-8. doi: 10.1038/nrn3509. Early common law made no special provision for children who committed crimes. Explains that life without parole is the most popular alternative, which is morally and financially cheaper than execution, although the numbers can be fudged somewhat to attain a favorable appearance. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> xS* 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. The Code of Conduct Tribunal (CCT) consists of a chairman and two other members. endstream in texas and north carolina, it costs over $2 million per execution. Explains that people are misinformed about the death penalty. <>stream In short, jurisdiction can be simply defined as the courts authority to determine the case submitted in a manner prescribed by law. 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. It is chaired by a judge whose title is: President of the State / FCT Customary Appeal Court and is assisted by other judges. Exploring Disproportionate Minority Contact in the Juvenile Justice System Over the Year Following First Arrest. While international documents have restricted and in some cases even 1 0 obj Opines that we must consider whether we and our loved ones are more at risk of being murdered or being executed for committing murder. endobj x^}7=k;V3ejc\(LOdU~~dK_%yF"}2\&?o=16_kcbGw'?=m+tmOz5\qe1\g;yF~~U^iNzO~.rye.>~\yyO|d/I8'ZK> 2000 Sep;14(3):380-400. doi: 10.1037//0893-3200.14.3.380. 7 0 obj Explains that there is a stigma around the death penalty that capital punishment cases are performed with an inherent bias towards people of color. It is not based on age limit, but more of the responsibility and the circumstances of the There is only one Supreme Court in Nigeria which is located in Federal Capital Territory, Abuja, Nigeria. 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. x+ | Bethesda, MD 20894, Web Policies endstream Opines that the increase in juvenile murders will spur renewed interest in executing teens or locking them away for the rest of their lives. A Juvenile is a term that can be used to refer to a child, minor, or young adult. xS* The .gov means its official. National Library of Medicine A court is competent when: a The court is properly constituted as regards members and qualifications of the bench and no members and qualifications of the bench and no member is disqualified for one reason or the other. R <>stream Juvenile Delinquency Among Adolescents in The Government Remand Homes, Lagos State Nigeria. Thus, a child is a person under the age of majority. endstream Retrieved 21 March, 2008 from http://findarticles.com/p/articles/mi_qa4111/is_200412/ai_n9466371/ In most cases a youth also will be tried as an adult for murder or manslaughter. 0000005766 00000 n He finds theories of poverty, broken homes, labeling, and gang membership inadequate to explain the situation in Nigeria. Encyclopaedia Britannica's editors oversee subject areas in which they have extensive knowledge, whether from years of experience gained by working on that content or via study for an advanced degree. Correctional Education. endstream 0000002188 00000 n national bureau of economic research. The death penalty began to be reinstated slowly, but the rate of executions has increased during the 1990's (Winters103-107). endstream he was sentenced to die in alabama's electric chair for sodomizing a junior college coed, beating her to death, and dumping her body. It is provided for under Section 280 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). drug traffickers may be deterred because they have a clear option with defined risks. endobj The model was soon adopted in other countries such as Canada and Great Britain (1908), France (1912), Russia (1918), Poland (1919), Japan (1922), and Germany (1923). Iran, Nigeria, Pakistan, Saudi Arabia and Yemen) which executes people during the 1970's due to questions concerning its fairness (Flanders 50). 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. JUVENILE COURTS Juvenile courts are established pursuant to the Children and Young Persons Laws of the various States of the Federation. 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 the death penalty legitimizes an irreversible act of violence by the state and has inevitably claimed innocent victims. Analyzes the murder rate in the years from 1968 to 1991, and the average murder. ~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. 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. Opines that psychopaths are incapable of rational behaviour, such as in the hungerford and dunblane massacres. R Explains that in respect of non-muslim prisoners, a person nominated by any religious association which is lawfully registered. 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. 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. x+ | Opines that if someone kills someone, he or she should pay for the crime with his or her. 16 0 obj 2008 Sep;59(9):965-73. doi: 10.1176/ps.2008.59.9.965. endstream A lock ( Hon. Explains that prison department used prison regulations 2000 for the general principles of prison administration. 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. International Labor Day: Reflection of 8 years of Suffering in Nigeria -By Auwal Ahmed Ibrahim, Road To Sudan: Is Nigeria On The Brink? 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). 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. 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. [5] Thus, the Family Court is vested with exclusive jurisdiction in matters relating to children. 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. x+ | 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 author concludes that early intervention into the lives of these youths is necessary to address the increase in juvenile crime. Punishable offenses that are classified as criminal offenses for adults (e.g., murder, robbery, and larceny) are referred to as delinquency when committed by juveniles, whereas juvenile offenses mandating legal intervention only (e.g., alcohol and tobacco use, truancy, and running away from home) are referred to as status offenses. Explains that general criminological theory suggests that offenders are themselves victims of mental and societal ills and that a reduction in crime will benefit both victims and offender. sociology: social foundations of public issues, mcgraw hill, 2003. It has original jurisdiction in civil matters and cases as set out under Section 251 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). Coauthor of. An official website of the United States government, Department of Justice. endstream Psychiatric disorders among detained youths: a comparison of youths processed in juvenile court and adult criminal court. commonly applied in other nations. Presents an advanced and highly secure ict learning network for all inmates within existing cultural proson practices. 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. haag believes that justice is independent of distributional inequalities. 2016 Jan;25(1):41-7. doi: 10.1016/j.chc.2015.08.011. The term of office of the CCT chairman and members expires at the age of 70. Analyzes how the majority of americans don't support the death penalty, despite their abstract support for executions. Therefore, if there is no hierarchy of courts, this cannot be achieved. Opines that heroin is plentiful but won't show up as readily on a drug test. 29 0 obj Opines that the death penalty remains a controversial issue in the united states, even though 80% of the population is in favor of it. Enter your email address to subscribe to Opinion Nigeria newsletter. 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. endobj Opines that death penalty is a hard sell to o.c. xS* Unauthorized use of these marks is strictly prohibited. young and old, the convicted and unconvicted, or the sane and insane. 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. endobj Explains that there was a lot of debate about the two systems. Explains that the death penalty is a controversial topic in the united states today and has been for years. It is provided for under Section 254A of the 1999 Constitution of the Federal Republic of Nigeria (as amended). By Omolade Animashaun, Associate at Resolution Law Firm, Khashoggi: Turkish court expands list of Saudis charged with murder, APC urgently requires experienced party managers, PDP Rejects Scheme, Says It Is Politically Motivated Channels Television. 0000001373 00000 n who were under 18 years-old at the time they committed their crimes. Explains that they're gonna show him how to play basketball as good as he can. endobj The Child Rights Act[3] defines a Child under Section 277 as a person who has not attained the age of eighteen years. endstream endstream 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. 28 0 obj In essence, the Children and Young Persons Act Clause 11(1) specifically forbade the detention of children. When the criminal justice was started it was to deter and punish offenders for disobeying the interest of the colonists. endobj <> arguments in favor of the death penalty. 8600 Rockville Pike It is provided for under Section 249 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). 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. The Court of Appeal Justices are the only judges that can sit in this tribunal in accordance with the constitutional provisions. <>stream At present, it is possible to appeal to the Court of Appeal with permission. A .gov website belongs to an official government organization in the United States. A controversial method of juvenile punishment has been the use of corporal punishment. Importantly, the Childs Right Act established a child justice administration system for the administration of juvenile justice. Of all delinquency cases referred to juvenile court, approximately one quarter are dismissed or diverted for handling outside the court process. endstream Clipboard, Search History, and several other advanced features are temporarily unavailable. A lock ( 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. Juvenile Courts These courts, as x+ | Vogel, B. Indeed, the US is one of six countries (including also Retrieved 19 April, 2009 from http://tpj.sagepub.com/cgi/content/abstract/83/2/115. The https:// ensures that you are connecting to the the death penalty is riddled with class and race bias. <> This article follows those youths who are arrested on the pathway through the LockA locked padlock <>stream 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. <>stream x+ | Journal of 17 0 obj There, however, exist other courts in Nigeria which include: The election tribunal court is divided into two parts: Presidential Election Tribunal: this tribunal hears and determines petition arising from any presidential election. The 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 three regions. 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 some in favor of the death penalty feel that even if they were caught, they would be punished. Explains that clayton joel glowers is awaiting execution in holman prison. And any defect in competence is fatal, because the proceedings of the court are a nullity however well conducted. Describes those with money and those without money. Bookshelf It is a well-known fact in law that jurisdiction is the ladder for establishing court authority. 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. x+ | 2 0 obj 0000003562 00000 n 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. 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. This phrase must take the shape of an order[6]which is definite in its nature, type and quantum.[7]. Appeals can be made from the Federal High Court, the High Court of a state, the Sharia Court of Appeal in a state, and the Customary Appeal court to the Court of Appeal. Describes einat, t, and a. youth advocates, judges, and police have been critical of the movement to federalize crimes already handled by states. 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. <>stream justice for all, 18 october 2001. Explains that this act has made a large impact on the legislation in nigeria dealing with juveniles. 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. Another quarter of the cases are handled through informal court processes, while the remaining 51% of cases are formally processed through the juvenile court. In America the concept of imprisonment came because of deep religious beliefs.
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