An Appraisal of Holding Charge Syndrome and Its Effects in the Administration of Criminal Justice System Vis a Vis Policing in Nigeria.
Chapter One
Introduction
Objective of the study
The objectives of the study are;
- To ascertain the role of Criminal Justice System on holding charges.
- To ascertain whether lack Jurisdiction in indictable offence, but goes on to remand the suspect under holding charge have been considered unconstitutional.
- To ascertain the role of Criminal Justice System in Nigeria.
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Criminal Justice System
The structure of the criminal justice system incorporates the police, the courts and correctional services, through which the legal process of criminal justice is administered. Presently ,criminal justice in Jamaica is retributive in nature; its primary focus is to punish criminals for offending society as swiftly and severely as possible. This form of justice has its roots in the Choice Theory, which posits that criminals make conscious decisions to commit offences and as a consequence they should be given equal punishment for the crimes they commit (Siegel, 2006);hence, the main focus is on catching the criminal, taking him/her to court for trial and then sending him/her to prison as punishment.
- The Role of the Police First in the criminal justice process is the function of the police, who are responsible to make arrests. In this crime fighting task the police playa reactive role, usually arriving at the scene after a crime is allegedly committed. The police then interview witnesses, collect evidence and make an arrest if there is probable cause to do so. Probable cause means that there is a reasonable link between a specific person and a particular crime. If this is determined, the suspect is arrested and taken into custody. In Jamaica, the Jamaica Constabulary Force (JCF)is the arm of the Ministry of National Security entrusted with the undertaking of maintaining law and order and protecting life and property. The JCF is supported by two subsidiaries :the Island Special Constabulary Force (ISCF) and The Jamaica Rural Police Force, commonly called the District Constables.
- The Role of the Courts After the police make an arrest, it is within the Courts that key decisions about the case are made. The judge adjudicates the matter at a trial with a jury, a prosecutor and a defense attorney to determine the guilt or innocence of the accused. Guilt is determined “beyond a reasonable doubt” and sentences are then determined. However a convicted person has the right to appeal his or her sentence and/or conviction. In Jamaica there are several courts, though the Constitution provides that the Supreme Court has original jurisdiction in all civil and criminal matters; decisions of this court can be appealed to the Court of Appeal. Other lower courts are the Resident Magistrate Court (RM),the Gun Court ,Family Court ,Juvenile Court and the Coronerʼs Court.
CHAPTER THREE
RESEARCH METHODOLOGY
Research design
The researcher used descriptive research survey design in building up this project work the choice of this research design was considered appropriate because of its advantages of identifying attributes of a large population from a group of individuals. The design was suitable for the study as the study sought an appraisal of holding charge syndrome and its effects in the administration of criminal justice system vis a vis in Nigeria
Sources of data collection
Data were collected from two main sources namely:
(i)Primary source and
(ii)Secondary source
CHAPTER FOUR
PRESENTATION ANALYSIS INTERPRETATION OF DATA
Introduction
Efforts will be made at this stage to present, analyze and interpret the data collected during the field survey. This presentation will be based on the responses from the completed questionnaires. The result of this exercise will be summarized in tabular forms for easy references and analysis. It will also show answers to questions relating to the research questions for this research study. The researcher employed simple percentage in the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain an appraisal of holding charge syndrome and its effects in the administration of criminal justice system vis a vis in Nigeria. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of holding charge syndrome and its effects in the administration of criminal justice system vis a vis in Nigeria
Summary
This study was on an appraisal of holding charge syndrome and its effects in the administration of criminal justice system vis a vis in Nigeria. Three objectives were raised which included: To ascertain the role of Criminal Justice System on holding charges, to ascertain whether lack Jurisdiction in indictable offence, but goes on to remand the suspect under holding charge have been considered unconstitutional, to ascertain the role of Criminal Justice System in Nigeria. In line with these objectives, two research hypotheses were formulated and two null hypotheses were posited. The total population for the study is 200 staff of ministry of justice in Uyo. The researcher used questionnaires as the instrument for the data collection. Descriptive Survey research design was adopted for this study. A total of 133 respondents made lawyers, administrative staff, secretaries and junior staff were used for the study. The data collected were presented in tables and analyzed using simple percentages and frequencies
Conclusion
The most remarked upon feature of the criminal justice system is its complexity. It is not one, but many things; and it announces not one, but many goals. Its overarching purposes are instrumental and symbolic: to change the person (or social conditions) that made the wrong possible, and to announce that offending is wrong. The system announces goals of both individualized treatment of offenders and equal treatment of “like crimes”. Specifically, one imperative is to fashion responses to individuals based on their circumstances and potential for reform (individual-based, crime prevention). This is joined with a second imperative, which is to punish like offences in a like manner, and in proportion to the harm (offence-based, desert). One can note shifts over time regarding preferred punishment values. Indeed, there have been, and continue to be, conflicts over values in any one time period.
Recommendation
The should be guide to resilience and doggedness of the acting inspector general of police in aiding the administration of criminal justice in Nigeria
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