scholarly journals Administration of Criminal Justice Act of Nigeria 2015

2020 ◽  
pp. 51-65
Author(s):  
Ngozi J. Udombana

The quality of any legislation is determined chiefly by its ability to accurately communicate its intention as well as its capacity to meet the society’s expectations and needs at every point in time. Language is the tool of communication. Legislative competence requires a good mastery of the use of written language and the relevant techniques for translating legislative intent into properly structured sentences that serve the goal of the legislation. Nigeria’s Administration of Criminal Justice Act (ACJA) 2015 was long overdue and well received. It aimed at tackling the multi dimensioned problems that plagued the criminal justice system for decades. Through a desk review, this article examines certain legislative expressions in the Act. It finds that the Act is plagued by a significant measure of substantive and legislative expression gaps, which diminish its quality and negatively impact its implementation. The article proffers relevant alternative redrafts and suggestions. Its position is that if these gaps are not timely addressed, they may further affect the effective implementation of the Act. It, therefore, recommends the amendment of the Act along the line of the issues identified in the article, in addition to all other related issues in the Act.

Author(s):  
Carmen María León ◽  
Eva Aizpurúa ◽  
David Vázquez

RESUMENEl diseño visual de los cuestionarios puede afectar a la calidad de los datos obtenidos, especialmente cuando se formulan preguntas abiertas donde los encuestados responden con sus propias palabras. En este trabajo se analizan los efectos de manipular el tamaño del espacio proporcionado para la respuesta en un conjunto de preguntas abiertas incluidas en un cuestionario auto-administrado sobre opiniones hacia la administración de justicia en España. Para ello se recurrió a un experimento split-ballot, dividiendo la muestra (N = 100) en dos mitades equivalentes que recibieron dos cuestionarios con el mismo contenido, pero con diferentes tamaños de campo de respuesta (pequeño y grande) en 16 preguntas abiertas. Los resultados muestran que los participantes que recibieron campos de texto grandes escribieron un mayor número de palabras en sus respuestas. Sin embargo, la manipulación en el campo de texto no influyó en 1) el número de temas abordados; ni en 2) el tiempo empleado para cumplimentar los cuestionarios. Sobre la base ABSTRACTThe visual design of questionnaires can affect the quality of the data obtained, especially when asking open-ended questions that respondents answer in their own words. In this paper, we analyze the effects of manipulating the size of the text boxes provided for answers to a set of open-ended questions in a self-administered questionnaire about opinions of the Criminal Justice system in Spain. For this, a split-ballot experiment was conducted dividing the sample (N = 100) into two equivalent halves. One half received questionnaires with small box sizes for the answers to the 16 open-ended questions while the other half received questionnaires with larger box sizes. The content on the questionnaires was the same. The results showed that those participants who received larger text boxes provided longer answers. However, manipulation of the text box did not influence 1) the number of issues addressed; or 2) response times. The results and their implications for questionnaire design are discussed.


2009 ◽  
Vol 4 ◽  
pp. 1-34
Author(s):  
Stan V. Starygin

AbstractThis article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.


2020 ◽  
Vol 58 (1) ◽  
pp. 41-73
Author(s):  
Rebecca Richardson ◽  
Besiki Luka Kutateladze

Objectives: We investigate path dependence and barriers to the acceptance and implementation of reform-minded prosecution, which focuses on reducing unnecessary incarceration, promoting fairness, engaging with the community, and improving accountability in the criminal justice system. Method: Using semistructured interviews with 47 prosecutors in two Florida jurisdictions, both with newly elected state attorneys, we explore reform-minded prosecution priorities and barriers to their effective implementation. Results: Findings suggest that though reform-minded priorities are present in the study prosecutor’s offices, existing prosecutorial norms, case-focused decision-making, policy ambiguities, and communication challenges serve as barriers to their effective implementation. Conclusions: The study highlights the role that line agents play in determining the success of reform-minded prosecution. It also identifies key barriers to reform that reform-minded prosecutors must overcome if they are to achieve meaningful changes toward greater effectiveness, transparency, and impartiality in prosecution.


2018 ◽  
Vol 54 ◽  
pp. 07006
Author(s):  
Hervina Puspitosari ◽  
Bintara Sura Priambada

Practice of restorative justice is the handling of criminal acts that are not only seen from the perspective of the law, but also related to moral, social, economic, religious and customary aspects. Local customs, as well as various other restorative considerations will deal with the perpetrators, victims, and stakeholders in the community, in collective problem solving, the purpose of which is to repair damage, restore the quality of relationships and facilitate the reintegration of the parties involved and related. This study uses research methods with a normative juridical research approach. Restorative Justice, namely the punishment imposed by the court is a punishment aimed at maximizing the condition of the victim as before the criminal incident befell the victim. The issue of justice and respect for human rights does not only apply to criminals but also victims of crime who must get a sense of justice so that the objective of the criminal justice system can be achieved with a sense of justice for the victims and perpetrators. It is very important to immediately make efforts to reform the criminal law that puts forward the substantial justice of victims and perpetrators.


Author(s):  
Max Felker-Kantor

Punitive conditions ultimately contributed to the eruption of the 1992 Los Angeles rebellion. The uprising occurred within the distinctly punitive context of the war on drugs and gangs. Solutions to urban social problems, this chapter shows, had become so entangled with the city’s and LAPD’s various wars on crime that the responses to the uprising depended on partnership with law enforcement and criminal justice programs, leaving police power intact. As this chapter shows, the post-1992 reforms, such as Project Weed and Seed, expanded the criminal justice system into new areas of municipal governance through the adoption of community and broken windows policing, which focused police enforcement on low-level and quality of life offenses to maintain urban order.


Author(s):  
Duxita Mistry ◽  
Anthony Minnaar

This article is a follow up to a previous article dealing with the role of the police in declaring a person unfit topossess or own a firearm.Similarly, it draws on a studythat examined how the criminal justice system excluded unfit persons from firearm ownership; the primary legal means being sections 11 and 12 of the old Arms and Ammunition Act, no. 75 of 1969. Section 12(1) refers to persons who are automatically declared unfit due to a conviction for a crime involving a firearm. Section 12(2) refers to the discretionary declaration of unfitness upon conviction for certain other crimes. As a result of the large number of crimes that are committed with firearms and the number of firearms that are stolen from legal gun owners, there is a drive by the criminal justice system to reduce the amount of firearms, both legal and illegal, in circulation. This article concentrates on s12 and reveals a number of shortcomings by both prosecutors and magistrates in the application of this section. These may have a considerable impact on the effective implementation of the new Firearms Control Act.


Subject Mexico's new criminal justice system is coming to the end of its transition period. Significance The eight-year transition of Mexico's paper-based, inquisitorial system of criminal justice to an oral, adversarial one is due to be completed by June 18. The aim is to increase transparency, expediency and the quality of justice. However, key elements of the reform are missing, particularly regarding alternative justice and mediation mechanisms, and President Enrique Pena Nieto said in his third state-of-the-nation address last September that 40% of the country had yet to implement the new system. Impacts Experience and human and technical resource disparities in the criminal justice system will fuel doubts about its operability. Police ineffectiveness at the state and municipal level may exacerbate public perceptions that the new system is soft on crime. Success will depend on the authorities' commitment to monitoring implementation and performance.


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