Administration Of Criminal Justice Research Articles

Digital Evidence and Pakistani Criminal Justice System: A Review Article

The value of digital evidence has expanded quickly in recent years due to increases in its dependability and complexity. Evident from national and international regulations. There is a presumption in the law that digital evidence is admissible, and authorities have been directed not to rule it out of court because it is not presented in a substantive and perceptible form. Domestic and international laws have educated domestic law, and today everyone agrees. This section examines the background of the issue, the laws at play, and how it presented the matter to the Supreme Court nationwide. The technique adopted in this review study is a literature search. "Digital evidence" refers to any evidence made, kept, or transferred via digital means. It is impossible to overstate the role that digital evidence plays in the administration of criminal justice. In Pakistan, there were no laws surrounding the acceptance of digital evidence in court until 2002. We review roughly twenty evaluations given by different scholars in their articles. Part one of this review article's subsections is split in two. These abstracts expand upon the newest parts of the supplied legislation. The last section often supplies a quick summary of the important points and supporting evidence presented throughout the essay.

SPIRITUAL BONDS OF THE RUSSIAN PEOPLE AND CRIMINAL JUSTICE: DIALECTICS OF THE SPIRITUAL AND MORAL (CONCRETE) AND LIBERAL (ABSTRACT)

The article examines the dialectic of the spiritual bonds of the Russian people and criminal justice from the standpoint of spiritual and moral (concrete) and liberal (abstract). The relevance of the research topic is due to the need to transfer the basic principles of the administration of justice from liberal ideologies to the spiritual bonds of the Russian people. The purpose of the study is to form a model of value–semantic thinking in the administration of criminal justice, as well as to substantiate the destructive impact of the liberal paradigm of thinking on the basic principles of criminal justice. Materials and methods. The methodological basis of the research is represented by the spiritual method, the cultural-historical method, the system-activity approach, the sociological approach and other methods of scientific cognition and creative thinking. Results of the study and conclusions. The practical significance of the spiritual bonds of the Russian people in shaping their life, including that part of it that is directly related to the administration of justice, is substantiated. The spiritual bonds of the Russian people are defined as a system of spiritual (symbolic) knowledge about the fundamental foundations of domestic justice, which is based on the spirit of eternity, and its potential goes beyond the boundaries of space and time. The study also presents an understanding of the spiritual bonds of the Russian people in the form of knowledge about domestic justice from the perspective of eternity.

From Fantastic Theories to Objective Reality: Is there Future for Artificial Intelligence and Predictive Technologies in Administration of Criminal Justice?

Digitalization of various spheres of public relations, including their legal regulation, has recently become the talk of the town. More than a dozen works, many of which are of a rather fundamental nature, address the problems of digital development of law in general and criminal procedure in particular. However, it is difficult to deny that the issues of the influence of artificial intelligence on the development of justice have become the subject of widespread discussion relatively recently. As for predictive technologies, in comparison with foreign countries, there are many times fewer works of Russian legal researchers studying the issues under consideration. Basically, the legal personality of artificial intelligence is perceived as something negative, although it would be wrong to completely deny the idea of gradual penetration of this high technology into legal reality. The study attempts to participate in the discussion concerning admissibility of the use of predictive technologies and artificial intelligence in the administration of justice in criminal cases.The paper substantiates the thesis that rapid digitalization in the field of criminal justice should not go against implementation of the citizens’ right to access justice, but should serve as an important means of achieving transparency of the criminal process.Based on the basic postulates of the construction of the Russian criminal process, the author critically comprehends the place of artificial intelligence and predictive technologies from the standpoint of auxiliary elements or a fullfledged replacement of a human judge, discusses the search for an optimal balance of their application in order to improve the quality of justice in criminal cases. Despite certain conservatism of the criminal process and the seeming surrealism of thinking about full-fledged coexistence of criminal justice with predictive technologies and artificial intelligence, the author considers this direction to be very promising, requiring further study and reflection for the benefit of human development, society and the state.

A Legal Analysis of the Pre-Colonial Igbo Peoples’ Perspective to Criminal Justice

Research shows that whereas the intuition against criminality is of universal human nature, the approach of a particular society to criminal justice administration may differ from that of other societies. According to the legal pragmatism theory, the customs, beliefs and historical circumstances of a people are relevant to judicial reasoning as well as judicial approach to crime resolution. Against this background, this research carefully examines the pre-colonial Igbo society and finds that the society had its own peculiar criminal justice system by which criminal disputes were resolved. This article therefore seeks to analyze the Igbo people’s mindset on the twin issues of crime and justice. In aid of this analysis, the researcher will discuss the Igbo customary judicial procedures, such as mediation, criminal arbitration, oath taking, and trial by ordeal as well as important customary practices such as igba afa (divination), igba ndu (covenant/bonds) and ikpu aru (purification). Notwithstanding the criticism of some of these practices in terms of human rights issues, procedural accountability, etc, the researcher argues that Igbo criminal justice procedures and practices are characterized by social harmony, flexibility, social pressure, and strong religious beliefs.

Preventive detention in Finland and the other Nordic countries

ABSTRACT In the early twentieth century, European criminal justice systems started to discuss new security measures for dealing with persistent habitual criminals and mentally disordered offenders. New preventive institutions were established in the Nordics in the shift of the 1920–1930s. Indeterminate confinement came to cover both persistent property offenders, and repeat serious violent and sexual offenders. The success of these measures and the effectiveness of institutional treatment more generally, came to be questioned in the Nordic countries in the 1960s and 1970s. Disappointment about treatment effectiveness, combined with increased stress on legal safeguards, predictability and proportionality in the administration of criminal justice, undermined professional support for indeterminate sanctions and compulsory care. The use of preventive detention was either restricted, as in Denmark and Norway, or abolished altogether, as in Finland and Sweden. However, there were other arrangements in the latter countries, which partly served the same purpose.

Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya

The Nigerian administration of justice is facing many challenges such as congestion of cases in the courts, delays in the prompt resolution of cases, corruption in the formal justice system, a punitive and retributive approach to crime with little or no room for restitution and reparation of victims of crimes, as well as the adversarial, hostile, and technical nature of litigation. Although the federal government and some states have made efforts in respect of criminal matters by the enactment of the Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Laws (ACJL) traditional justice systems can effectively ameliorate these challenges in the resolution of both civil and criminal matters. However, the potential benefits of the effective application and operation of traditional justice systems in Nigeria are hindered by their restriction to civil disputes, the lack of a clear and specific legal and policy framework, scant regard for procedural justice, inadequate or lacking of enforcement mechanisms and a retributive and punitive approach of the criminal justice system. This article analyses the nature of the Nigerian traditional justice systems and their relationship with alternative dispute resolution (ADR) mechanisms to see how ADR could complement the Nigerian administration of justice. The article further examines the challenges of the Nigerian administration of justice and the practice of traditional justice systems in Kenya to draw lessons for Nigeria. The article argues that the reconciliatory and restorative focus of tranditional justice systems could help resolve some of the challenges facing the Nigerian administration of justice. The article suggests legal, policy, and institutional reforms and their integration for effective application in Nigeria.

Rethinking Public Compensation to Crime Victims in Nigeria’s Jurisprudence: Justifications for State Compensation and A Comparative Analysis

As it stands today, Nigeria has no crime victims’ compensation or reparation schemes, and there are no laws throughout the thirty-six states of the Federation placing obligations or duties on governments, states or federal to pay compensation to crime victims who suffered crimes of violent nature. Although, crime victims have been instrumental in criminological discourse; they have been forgotten and neglected and therefore denied due recognition in Nigeria. The major research problems are the unavailability of state compensatory schemes for victims of crime in Nigeria. The second research problem is the lack of political will on the part of Nigerian government to enact into law the Bill before the Nigerian National Assembly since 2011 on the Remedies and Rights of crime victims. The purpose of the study is to hold the Nigerian government accountable like other nations of the world to fulfil its constitutional duties to the citizenry in terms of protecting innocent subjects from criminals. Several nations of the world have moved ahead with time in matters of crime victims’ compensations, Nigeria cannot afford to lag behind in such issue of international dimensions. In this connection, the article dissects the need for legislations in Nigeria’s jurisprudence with a view to making statutory provisions for Nigerian citizens who suffered criminal injuries such murder, rape, robbery, and carjacking etc as a result of crime. The paper further examined the genesis of crime victims’ compensation, and its justifications. The paper in addition beamed its search lens on foreign jurisdictions from a comparative point of view for the purposes of advancing legal arguments in support of crime victims’ compensation programmes in the administration of criminal justice in Nigeria. The research finds out that there is crime victim compensation provided by the state. The author adopted the desk top research methodology in the write-up.

Attachment of Property in Criminal Justice Administration: Its Purpose and Achievements 2023

Attachment of Property in Criminal Justice Administration: Its Purpose and Achievements 2023

Legal Imperatives for Decongesting Correctional Centres in Nigeria: A Review of Recent Legislative Measures

One of the major drawbacks in the Nigerian criminal justice system is the congestions in correctional centres. Custodial centres are not only the pivot on which the wheel of criminal justice revolves. They are also institutions which provide homes for a technical segment of the society and protection for the general public. Having regard to modern objectives of correctional services, it has become more paramount for custodial or correctional centres to indeed provide platform not only for housing inmates but more importantly as an opportunity to rehabilitate, remould and make lives of inmates more useful whether during custody or after their release. Unfortunately, these objectives are very difficult to realize in Nigeria as a result of several factors accounting for the congestion of Nigerian prisons. It was in the light of this that certain critical legislations were enacted i.e. the Administration of Criminal Justice Act (ACJA) 2015, the Police Act 2020, and the Nigerian Correctional Service Act, 2019 to deliberately arrest some of the major factors which are responsible for why custodial centres have always been overstretched beyond official capacity. Though the ACJA and others were overwhelmingly received with approval by all, it is observed that there is gross lack of will on the part of the government and other stakeholders in the criminal justice sector to fully adhere to and implement the provisions of the laws. The government is urged to increase efforts in empowering relevant and critical stakeholders like the police, the courts and the correctional centres in implementing the laudable objectives of the ACJA and other relevant legislations for a purposeful criminal justice delivery.

A Critical Appraisal of the New Bail Regime Under the Administration of Criminal Justice Act, 2015 – An Examination of American Experience

When the Administration of Criminal Justice Act,2015 was enacted, the purpose among others, was the protection of the rights of the suspect/defendant and the society from crime. In the prosecution of its purpose, the Act provides for the defendant’s right to bail subject to the discretion of the court to stipulate deposit of money among other terms as a condition for the bail. Furthermore, the Act provides for the establishment of professional surety regime whereby registered bondsmen are allowed to stand surety for defendant on the payment of fees to be determined on agreement with the defendant. The consequence is the growth of bail industry at Abuja and other cities of Nigeria, where bondsmen force relations of defendants to contribute money in payment of their charges in the same manner as ransom is contributed to kidnappers for the freedom of their loved ones in detention. In this paper, the writer appraised the security implication of the new bail regime on Nigeria and its implication on the right of the defendant to presumption of innocence enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In the course of so doing, the writer uses the doctrinal research method and drew from the American experience on the subject before arriving at conclusion.

NIGERIAN CRIMINAL JUSTICE SYSTEM’S ABUSE OF CONFESSIONAL STATEMENTS: A CALL FOR JUDICIAL POLICY REFORM

The prosecution’s responsibility to prove the guilt of an accused person in Nigeria has, over the years, been watered down by the practice of the police extracting confessional statements from accused persons by extrajudicial means. The courts which are supposed to be the last hope of the common citizen or justice appear to be in synergy with the police in its interpretation and application of relevant provisions of statutes geared towards admissibility of coerced confessional statements. This article is a strident call for a reform of the judicial policy with regards to the admissibility of confessional statements in a manner which would clearly discourage the police from abusing the fundamental rights of accused persons in their bid to score a conviction on a coerced confessional statement. The paper adopted the doctrinal methodology by examining confessional statements in Nigeria through the Evidence Act 2011, the Administration of Criminal Justice Act, and relevant Judicial interpretation. Relevant legal articles and news reports online which deal with confessional statements in Nigeria and detail abuses of fundamental rights of accused persons were referenced to show documented and prevalent police abuses and violation of citizens’ rights. It concludes with recommendations.

Implementation of the Principle of Dominus Litis in Positive Law in Indonesia

Prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to the courts. However, in fact, the application of the Dominus Litis principle is not optimal, such as the implementation of horizontal supervision and the termination of cases. examines the application of the principle of dominus litis to positive law in Indonesia. Normative legal research with the Approach of the Act; futuristic and comparative. The application of the Dominus litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as the principle of functional differentiation in Articles 14 and 137, based on the position and function of the prosecutor in the criminal justice system is regulated in Article 140 paragraph (2); Law No. 11 of 2021 Amendment to Law No. 16 of 2004 and Constitutional Court Decision No. 55/PUU-XI/2013 and No. 29/PUU-XIV/2016. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors.

Prospect and Challenges of Criminal Procedures in Nigeria: A Review

Criminal Justice Procedure (CJP) can be described as the collective means through which a person accused of an offence passes until the accusations have been disposed of or the assessed punishment concluded. Arguably, CJP in Nigeria took an enviable turn around with the enactment of a new principal enactment, Administration of Criminal Justice Act (ACJA) which has repositioned the CJP in Nigeria by addressing the seemingly inadequacies in Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC), harmonizing the CPA and CPC, codifying most age-long judicial pronouncements on CPA and CPC and addressing human rights abuses in erstwhile applicable laws thereby catapulting the CJP in Nigeria to an enviable position in the comity of nations. Recent judicial pronouncements in Nigeria on ACJA are worrisome and questions the readiness of the Judiciary as a stakeholder in Criminal Justice System to address the menace of delay in criminal trials which the ACJA aimed to address by introducing novel provisions target towards speedy dispensation of justice in criminal trials. The research methodology used in this study is systematic review and normative, by analyzing principal and secondary enactments in Nigerian CJP with judicial interpretations. While emphasizing the prospects of the ACJA, this paper also highlighted the challenges and suggested solutions to same. Despite its defects, the ACJA is a landmark development in the Nigerian Criminal Justice Procedure and all States of the Federation are therefore enjoined to domesticate the law.

Monetization of Bail Process in Nigeria under the Administration of Criminal Justice Act, 2015 - An Examination of American Experience

When the Administration of Criminal Justice Act,2015 was enacted, the purpose among others, was the protection of the rights of the suspect/defensdant and the society from crime. In the prosecution of its purpose, the Act provides for the defendant’s right to bail subject to the discretion of the court to stipulate deposit of money among other terms as a condition for the bail. Further more, the Act provides for the establishment of professional surety regime whereby registered bondsmen are allowed to stand surtety for defendant on the payment of fees to be detrmined on agreement with the defendant. The consequence is the growth of bail industry at Abuja and other cities of Nigeria, where bondsmen force relations of defendants to contribute money in payment of their charges in the same manner as ransom is contributed to kidnappers for the freedom of their loved ones in detention. In this paper, the writer appraised the security implication of the new bail regime on Nigeria and its implication on the right of the defendant to presumption of innocence enshrined in the Constitution of the Federal Republic of Nigeria, 1999 (as ameded). In the course of so doing, the writer uses the doctrinal research method and drew from the American experience on the subject before arriving at conclusion.

Monetization of Bail Process in Nigeria under the Administration of Criminal Justice Act, 2015 - An Examination of the American Experience

By the provision of Section 36(1)(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every accused is entitled to the right to fair hearing and to the presumption of innocence until proven guilty in accordance with procedure permitted by law. In a complementary manner to the Constitution, the administration of criminal justice Act, 2015 of the Country, provides for host of procedures which shall be complied with by the police in criminal investigation. One such provision is Section 6, 15(3) and 17(2) of the Act which provides suspect with the right to silence until after consultation with a legal practitioner of his choice, members of the Legal Aid Council, and members of a Civil Society or other persons of his choice. The Act requires further that statement when volunteered, shall be video or audio recorded and shall be recorded in the presence of a counsel for the suspect or other persons of his choice without providing consequences for non-compliance. Instead, the evidence Act of the Country, 2011 provides for the admissibility of evidence improperly obtained where the same is relevant. In this paper, the writer using the doctrinal research method explores the question whether the legal regime on the admissibility of improperly obtained evidence under the Act, is inconsistent with the international standard on the right to fair hearing enshrined in the Constitution. In the final analysis, the writer makes recommendations for reform.

An Appraisal of the Legal Framework on Parole in Nigeria

Parole is a new correctional measure in the Nigerian penal system. Before 2015 inmates could be released before the expiration of their terms of imprisonment only if they were granted pardons by the governor of a state or by the president. However, this has changed with the coming into force of the Administration of Criminal Justice Act of 2015 (ACJA). The ACJA empowers courts, upon the recommendation of the comptroller-general of the Nigerian Correctional Service, to release inmates on parole. The ACJA also states the two conditions that the comptroller-general must consider before he recommends inmates for parole. The first condition is that the inmates must be of good behaviour, and the second is that the inmates must have served their non-parole periods. While there is no ambiguity on the first condition, the scope of the second condition is not well stated in the ACJA. The ACJA states that inmates that are sentenced to at least fifteen years or life imprisonment must have served at least one-third of their sentence before they can be recommended for parole. However, the ACJA does not state the minimum period that inmates who are sentenced to less than fifteen years of imprisonment must have served before they can be recommended for parole by the comptroller-general. Second, life imprisonment in Nigeria theoretically means imprisonment for the remaining period of the natural life of the inmates upon whom such a sentence has been imposed. In this light it is not clear how the comptroller-general would calculate one-third of an indeterminate sentence for the purpose of determining when to recommend such inmates for parole. Another notable omission in the ACJA is that it does not state the conditions that courts may attach to the release of inmates on parole. Also, ACJA does not make provision for medical parole. To make parole an effective correctional measure in Nigeria, this article suggests that the ACJA should be amended to address all these weaknesses.

An Appraisal of the Legal Framework on Parole in Nigeria

Parole is a new correctional measure in the Nigerian penal system. Before 2015 inmates could be released before the expiration of their terms of imprisonment only if they were granted pardons by the governor of a state or by the president. However, this has changed with the coming into force of the Administration of Criminal Justice Act of 2015 (ACJA). The ACJA empowers courts, upon the recommendation of the comptroller-general of the Nigerian Correctional Service, to release inmates on parole. The ACJA also states the two conditions that the comptroller-general must consider before he recommends inmates for parole. The first condition is that the inmates must be of good behaviour, and the second is that the inmates must have served their non-parole periods. While there is no ambiguity on the first condition, the scope of the second condition is not well stated in the ACJA. The ACJA states that inmates that are sentenced to at least fifteen years or life imprisonment must have served at least one-third of their sentence before they can be recommended for parole. However, the ACJA does not state the minimum period that inmates who are sentenced to less than fifteen years of imprisonment must have served before they can be recommended for parole by the comptroller-general. Second, life imprisonment in Nigeria theoretically means imprisonment for the remaining period of the natural life of the inmates upon whom such a sentence has been imposed. In this light it is not clear how the comptroller-general would calculate one-third of an indeterminate sentence for the purpose of determining when to recommend such inmates for parole. Another notable omission in the ACJA is that it does not state the conditions that courts may attach to the release of inmates on parole. Also, ACJA does not make provision for medical parole. To make parole an effective correctional measure in Nigeria, this article suggests that the ACJA should be amended to address all these weaknesses.

A Critical Appraisal of the Accused Right to Fair Hearing Under the Nigeria's Administration of Criminal Justice Act, 2015

By the provision of Section 221 of the Administration of Criminal Justice Act, 2015 no objection to a charge shall be entertained during the course of a criminal proceeding or trial on the ground of an error or imperfection of the charge. In case the validity of a charge is challenged on any other ground during the course of criminal proceedings, Section 396(2) of the same Act requires the court to delay ruling on such objection until during the course of final judgment. The implication here is that once a charge is brought before court against an accused, he must go through the whole hug of trial before any objection he may have to the charge is decided. In this paper, the writer, using the doctrinal method of research, reviews the mentioned provisions of the Administration of Criminal Justice Act in the light of the inherent powers of the court for the control of proceedings before it, the right of an accused to the presumption of innocence and to fair hearing under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). In the final analysis, the paper comes to the conclusion that the provisions of the said Sections of the Act are derogatory to the purpose of the Constitution in providing for the accused right to fair hearing and therefore, unconstitutional.

THE UNITED NATIONS IN THE MODERN WORLD AND ISSUES OF FORENSIC EXAMINATION IN ITS ACTIVITIES

The role of forensic science and the work of an expert in the activities of the United Nations is considered. The author analyzes the main and most popular areas of involvement of forensic experts, the requirements for their qualifications, as well as guarantees for the protection of their activities. It is noted that the United Nations is increasingly emphasizing the importance of further increasing the role of forensic science in the administration of criminal justice and the need to further develop the international relations of forensic institutions in the world. It is concluded that the considered United Nations approaches to the issues of forensic examination and examples of the use of forensic expertise in the activities of this Organization and the participating States in the implementation of the provisions of the United Nations Charter and international treaties are not exhaustive. Every year the need for forensic experts at the level of the United Nations and other international organizations is increasing, including the need for specialists in new areas of forensic research. In addition, the requirements and standards for forensic experts are being tightened, taking into account the challenges of the time and realities, their methods of work are being improved, the principles of international cooperation are changing, which, in turn, will indicate an improvement in the quality of forensic activities in general. Key words: forensic examination, forensic and expert field, United Nations.

The Administration of Criminal Justice Act and the Extinguishment of Trial de Novo in Nigeria: Far From Being Settled?

This article discusses the current innovation introduced by the Administration of Criminal Justice Act (ACJA) in the trial of criminal cases which has purportedly extinguished trial de novo. It argues that based on extant case law and the provisions of the Constitution, section 396(7) of the ACJA is null and void, therefore it cannot achieve the intended purpose. This article adopts doctrinal research methodology focusing on the meaning and circumstances in which trial de novo would be invoked and its legal implications as well as the difference between trial de novo and appeal. It argues that unless the Constitution that creates the courts is amended as contemplated under section 9 thereof, the purported extinction of trial de novo by the ACJA cannot be achieved despite the good intention as the elevation to High Court judge robs him of jurisdiction to preside over a dispute as a trial judge. It found that the ACJA does not envisage cases of retirement and death of a trial judge or magistrate which are causes of trial de novo. It identifies alternatives to trial de novo under the 2011 Evidence Act and makes a case for their adoption as done by the Indian courts. It recommends that the relevant sections of the Constitution be amended wherein the mischief sought to be cured by the ACJA can then be legally achieved just as it was in the case of the National Industrial Court via the 1999 CFRN (Third Alteration) Act 2010.