scholarly journals The Administration of Criminal Justice Act, 2015 as a harbinger for the elimination of unlawful detention in Nigeria

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
David Tarh-Akong Eyongndi
Keyword(s):  
Criminal Justice ◽  
Federal Republic ◽  
Research Methodology ◽  
Justice System ◽  
National Assembly ◽  
Reasonable Time ◽  
Freedom Of Movement ◽  
Personal Liberty ◽  
High Courts ◽  
The Impact

SUMMARY Sections 34, 35 and 41 of the 1999 Constitution of the Federal Republic of Nigeria (1999 CFRN) guarantee the rights to dignity of the person, personal liberty and freedom of movement. These rights connote that no one shall be arbitrarily arrested; anyone arrested shall be brought before a court of competent jurisdiction within a reasonable time, otherwise such detention is unlawful; where a person is lawfully detained, it shall be under humane conditions. Despite these constitutional safeguards, people continue to be detained in detention centres beyond the permissible periods without an order of court and in inhumane conditions. Thus, unlawful detention is one of the challenges confronting the administration of the criminal justice sector in Nigeria. In 2015 the National Assembly, in a bid to address the challenges in the sector, particularly unlawful and inhumane detention, enacted the Administration of Criminal Justice Act (ACJA) which is generally perceived as revolutionary legislation owing to provisions such as sections 29, 33 and 34 thereof. These sections require the chief judges of the various High Courts to appoint a judge or magistrate to visit detention centres at least once in a month to review cases of unlawful detention and awaiting trial detainees. This article adopts a doctrinal research methodology in examining the impact of these provisions in overcoming the menace of unlawful detention in Nigeria. It examines the challenges that may confront the implementation of these sections of the Act, such as administrative bottlenecks and unscrupulous attitudes of the personnel of the various detention centres. The article makes vital recommendations on how to overcome the challenges of taming the negative tides of unlawful detention in Nigeria. Key words: Constitution; criminal justice system; detention centres; magistrate; Nigeria

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

scholarly journals Kijibashik: Turn it Around

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Health Research ◽  
Indigenous Women ◽  
Core Knowledge ◽  
Community Based Research ◽  
Critical Gap ◽  
Federal Prisons ◽  
The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

scholarly journals The Overrepresentation of Aboriginal Women in Prisons: A Cycle of Victimization, Discrimination and Incarceration

INvoke ◽  
2017 ◽  
Vol 2 ◽  
pp. 10-25
Author(s):  
SUSA Submissions ◽  
Alysa Holmes
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Cultural Stereotypes ◽  
Complex Issue ◽  
Aboriginal Women ◽  
Contemporary Issue ◽  
Aboriginal Offenders ◽  
Systemic Discrimination ◽  
Forms Of Violence ◽  
The Impact

This paper examines the contemporary issue of the overrepresentation of Aboriginal women in Canadian prisons and suggests that the systemic discrimination and myriad disadvantages that these women face, both within the context of the justice system and in society in general, results in an ongoing cycle of victimization and offending. Specifically, this paper addresses the historical and contemporary forms of violence and victimization that these women face, and examines the impact that this victimization has on offending behaviors. Finally, through an exploration of policing practices, and the complex issue of sentencing Aboriginal offenders, this paper concludes that Aboriginal women are severely disadvantaged at all stages of the criminal justice system, largely as a result of pervasive cultural stereotypes, resulting in worse outcomes for these offenders, and ultimately contributing to the issue of overrepresentation.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Law & Policy ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 174-197
Author(s):  
Amy Farrell ◽  
Vanessa Bouché ◽  
Dana Wolfe
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
The Impact

An Application of Multi-Agent Simulation to Policy Appraisal in the Criminal Justice System

2011 ◽  
pp. 228-234 ◽  
Author(s):  
Seán Boyle ◽  
Stephen Guerin ◽  
Daniel Kunkle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Model Building ◽  
Complex Interactions ◽  
Policy Appraisal ◽  
Agent Simulation ◽  
Multi Agent ◽  
Strategic Policy ◽  
The Impact

This chapter reports on a multi-agent approach to the construction of a model of the English criminal justice system. The approach is an integration of model-building with ways of enabling people to engage in strategic policy making and take into account the complex interactions of the criminal justice system. From the workings of the police to court procedures to prisons, decisions in one area of the criminal justice system can be crucial in determining what happens in another area. The purpose was to allow assessment of the impact across the whole justice system of a variety of policies.

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