scholarly journals The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria

2021 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Paul Atagamen Aidonojie ◽  
Anne Oyenmwosa Odojor ◽  
Patience Omohoste Agbale

Plea bargain has been globally accepted as a useful criminal prosecutorial tool in accelerating the prosecution of minor criminal cases. However, it has been observed that the introduction of a plea bargain into the Nigerian criminal justice system tends to aid the ruling class in looting from the public treasury and escaping justice. Given these legal anomalies, the study used online survey questionnaires sent to four hundred and five respondents (randomly selected) residing in Nigeria in ascertaining the Nigerian citizens view on the legal effect of using a plea bargain in resolving high profile financial crime cases. Descriptive and analytical statistics were used to analyse the respondents’ responses. The study, therefore, found that though plea bargain is a useful criminal prosecutorial tool in resolving minor criminal cases, it is unsuitable in resolving high profile criminal financial cases as it tends to involve a hide and seek game which makes a mockery of the Nigeria Legal System. It is, therefore, concluded and recommended that the concept of a plea bargain in Nigeria legal system should not be used in resolving high-profile criminal financial cases, as it tends to give leverage to those looting public funds.

2002 ◽  
Vol 96 (3) ◽  
pp. 636-637
Author(s):  
William C. Green

We live in a tabloid era defined by The National Enquirer and The Star. How has it affected popular confidence in the criminal justice system? Richard L. Fox and Robert W. Van Sickel's study examines the mass media's tabloid news coverage of high-profile criminal cases that involve violence and race, gender, and social class issues. This news coverage, they argue, sacrifices the media's educational function, misinforms the public about the operation of the criminal justice system, and contributes to the public's lack of faith in criminal justice.


Author(s):  
Frederic G. Reamer

Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, Frederic G. Reamer has judged the fates of thousands of inmates, deciding which are ready to reenter society and which are not. It is a complicated choice that balances injury to victims and their families against an offender’s capacity for transformation. With rich retellings of criminal cases, On the Parole Board is a singular book that explains from an insider’s perspective how a variety of factors play into the board’s decisions: the ongoing effect on victims and their loved ones, the life histories of offenders, the circumstances of the crimes, and the powerful and often extraordinary displays of forgiveness and remorse. Pulling back the curtain on a process largely shrouded in mystery, Reamer lays bare the thorny philosophical issues of crime and justice and their staggering consequences for inmates, victims, and the public at large. Reamer and his colleagues often hope, despite encountering behavior at its worst, that criminals who have made horrible mistakes have the capacity for redemption. Yet that hope must be tempered with a realistic appraisal of risk, given the potentially grave consequences of releasing an inmate who may commit a future crime. This book will appeal to anyone interested in the complexities of the criminal justice system, the need to correct its injustices, and the challenges of those who must decide when justice has been served.


Contexts ◽  
2005 ◽  
Vol 4 (3) ◽  
pp. 38-42 ◽  
Author(s):  
Lynn Chancer

A number of recent high-profile criminal cases have served as vehicles for public debates about race, gender, and class prejudice. What are the implications of these cases for the legal system and for the political activists who become involved with them?


2018 ◽  
Vol 2 (1) ◽  
pp. 41
Author(s):  
Zakki Mubarok ◽  
Achmad Sulchan

Some efforts were made to overcome internal obstacles: improving coordination among investigators, intensive approaches to witnesses, improving socialization of the Criminal Justice System Law and Child Protection Act. While the efforts to overcome the external obstacles: education, rigorous interrogation, improving facilities and infrastructure and bringing together an understanding of the meaning of recidivist. This research is based on the increasingly widespread criminal cases committed by children that occurred in the jurisdiction of Polrestabes Semarang in particular and in various major cities in Indonesia in general. The results of the research indicate that: (1) The role of the investigator in the diversion implementation of child crime cases, namely the internal roles among which are coordinating with the community and with various institutions or related parties, upholding the legal system and criminal justice system in accordance with the mandate of the Act, as well as involving police (Investigator) members in training or special education. (2) The constraints faced by the investigators in the diversion implementation of child crime cases are internal constraints: lack of coordination among investigators, lack of legal understanding of witnesses, lack of socialization of the Criminal Justice System Law and Child Protection Law.


2013 ◽  
Vol 2 (1) ◽  
pp. 120-150 ◽  
Author(s):  
Hussein Ahmed Tura

This article examines the extent to which state-funded legal aid in criminal cases is recognized and implemented in Ethiopia. The Federal Democratic Republic of Ethiopia (FDRE) Constitution and human rights treaties to which Ethiopia is a party recognize an indigent’s right to defense counsel at state expense where the interests of justice so require. However, on the basis of available data collected from the courts, the police stations and prisons, this article finds that the implementing institutions, such as the Office of Public Defenders, are not operating effectively and moreover the public generally lacks legal awareness. These impediments have in turn contributed to a number of indigent accused being tried and convicted without the benefit of legal advice and representation at different stages of proceedings. It has also been found that almost all unrepresented accused have committed serious errors in said proceedings. In addition, lack of legal aid affects the overall justice system since the indigent cannot defend themselves against trained prosecutors armed with state power. In this article it is argued that in order for Ethiopia to implement an indigent’s right to state-funded legal aid, an independent legal aid agency must be established, which should be responsible for the administration of legal aid.


2019 ◽  
Vol 3 ◽  
pp. 201-209
Author(s):  
Vivi Ariyanti

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.


2020 ◽  
Vol 7 (1) ◽  
pp. 205316802090458 ◽  
Author(s):  
Michael R. Touchton ◽  
Casey A. Klofstad ◽  
Jonathan P. West ◽  
Joseph E. Uscinski

The release of classified documents through outlets like WikiLeaks has transformed American politics by shedding light on the innerworkings of governments, parties, and corporations. The high-profile criminal cases associated with such releases – those of Julian Assange, Chelsea Manning, and Edward Snowden – have highlighted important questions about journalism, government secrecy, and the public’s “right to know.” Scholars have focused on the journalistic and legalistic implications but have yet to explore how the public views those who release classified materials, and what factors affect those views. Using data from the 2018 Cooperative Congressional Election Study, we provide results from three embedded experiments testing the effects of two forms of framing on favorability ratings toward Assange, Manning, and Snowden. The first frame addresses partisanship (i.e., which party is injured by the release) and the second addresses how the action is framed (i.e., did the person “leak” or “blow the whistle”). The data show that both the party and leaking/whistleblowing frames significantly affect favorability in expected ways. The release of classified materials comes with both costs and benefits, but public opinion appears to be more sensitive to its implications for partisan competition.


2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Ana Yáñez

AbstractThis paper details the punitive responses that Spain’s legal system has established for attacks on archaeological goods through the use of metal detectors. These responses to illegal acts are not the same across the board; sometimes they stem from the criminal justice system (in the most serious cases) and sometimes from the Public Authorities. Below, I have analysed these responses and their scope in an aim to provide a broad view of the different instruments related to the fight against archaeological looting.


Author(s):  
Enoch Amoah

This study seeks to ascertain whether there are justifications for implementing Victim Offender Mediation (VOM) – a key Alternative Dispute Resolution (ADR) process capable of solving the shortcomings of the Criminal Justice Systems of Ghana. Doctrinal approach to legal research was deployed using qualitative research method in perusing and analysing provisions of the Courts Act 1993 Alternative Dispute Resolution Act 2010, Children’s Act 1998, Domestic Violence Act 2007 and Juvenile Justice Act 2003. It also analysed literature on the use of ADR processes in criminal matters. It was found that the selected enactments with the exception of Domestic Violence Act 2007 provided justifications for implementing VOM in Ghana. The research also reveals that only offences in the categories of misdemeanor which are not aggravated in degree and offences regarded as minor offences can be referred for settlement by VOM. Further, criminal cases involving matters of public interest and those affecting the environment could not be resolved using VOM. It is recommended that the courts should take advantage of these findings to implement the use of VOM in resolving criminal cases in Ghana; the Judicial service should liaise with experts in VOM to provide training to judges and other stakeholders to enhance their capacities to implement VOM models in Ghana; and there should be sensitization of the public on the mechanics of VOM in resolving criminal cases so that a court will not appear to its audience as compromising the criminal justice system when it refers criminal cases for settlement by VOM.


2019 ◽  
Vol 45 (1) ◽  
pp. 60-65
Author(s):  
Jacqueline Fuller

The wrongful conviction of David Harold Eastman in the Australian Capital Territory represents one of Australia’s most recent and high-profile public failures of the criminal justice system and highlights the limits of the Australian legal system. Further, the Eastman case draws into question the use of inquiries into miscarriages of justice, particularly when an inquiry’s recommendations can be disregarded by governments (as it was in this instance). This article provides an overview of the Eastman case and critically evaluates how it sheds light on the use of inquiries as an avenue to investigate and correct wrongful convictions more broadly in Australia.


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