AN APPRAISAL OF HOLDING CHARGE SYNDROME AND ITS EFFECTS IN THE ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM VIS A VIS POLICING IN NIGERIA
Abstract
This study was on an appraisal of holding charge syndrome and its effect in the administration of criminal justice system vis a vis policing in Nigeria. 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.
Chapter one
Introduction
- Background of the study
The Nigerian criminal justice system, just like any other system in the world, is faced with some niggling challenges which are evident within its various agencies. More notable are the issues of prison congestion and flagrant abuse of the individual liberty which the system evolved to protect. There is no doubt that every human society is flawed with the presence of deviants. As such, every society requires a criminal justice system which would adequately address the needs of justice administration. Criminal Justice System refers to the agencies of government charged with enforcing the law, prosecuting criminals and correcting conduct. It is the aggregate of all operating and administrative or technical support agencies that perform the criminal justice functions. The main objectives of any Criminal Justice System are the prevention and control of crime, the correction of offenders, and by implication, the protection and preservation of legitimate individual liberty, rights and freedoms. The Criminal Justice System thus determines what the crimes are and to whom the administrative role is assigned. The Criminal Justice System has a tripod outlook. It involves three cardinal institutions; the police, the courts and the prisons. There exists or at least there should exist a synergy among these agencies for their proper functioning. The Nigerian criminal justice system, just like any other system in the world, is faced with some niggling challenges which are evident within its various agencies. More notable are the issues of prison congestion and flagrant abuse of the individual liberty which the system evolved to protect. This write-up intends to examine the undesirable contributions of pre-trial detention and holding charge to the criminal justice system. Based on this background the researcher wants to an appraisal of holding charge syndrome and its effects in the administration of criminal justice system vis a vis policing in Nigeria.
Statement of the problem
The criminal justice system revolves around three cardinal institutions: the police, court and prison. These institutions are partners in our failing criminal justice system, due to some practices that are inimical to the interest of society. Thus, the incalculable harm being wrecked on the Nigerian criminal justice system by the holding charge practice cannot be justified. Holding charge which involves the bringing of a suspect before an inferior Court that lacks jurisdiction to try him or her for the primary purpose of securing a remand order, in order to look for a prima facie evidence in support of the allegation against the suspect and thereafter abandon him or her in prison under the pretext of awaiting trial, leaves one to wonder whether the presumption of innocence is tenable in Nigeria. Holding Charge Syndrome This is because under this practice, an accused is presumed guilty until he or she proves his innocence
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
Research hypotheses
For the successful completion of the study, the following research hypotheses were formulated by the researcher;
H0: There is no significant role of Criminal Justice System on holding charges.
H1: There is significant the role of Criminal Justice System on holding charges.
H02: There is no the role of Criminal Justice System in Nigeria
H2: There is the role of Criminal Justice System in Nigeria
Significance of the study
The study will be very significant to students and the ministry of justice. The study will give a clear insight on an appraisal of holding charge syndrome and its effects in the administration of criminal justice system vis a vis policing in Nigeria. The study will also save as a reference to other researcher that will embark the related topic.
Scope and limitation of the study
The scope of the study covers an appraisal of holding charge syndrome and its effects in the effects in the administration of criminal justice system vis a vis policing in Nigeria
Definition of terms
Holding charge: Holding charge means a process whereby police will take a suspect(s) to court requesting the magistrate to remand the suspects indefinitely in prison custody without formal charge
Criminal justice system; The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and prisons
Policing: the maintenance of law and order by a police force.
Do you need help? Talk to us right now: (+234) 08060082010, 08107932631 (Call/WhatsApp). Email: [email protected].IF YOU CAN'T FIND YOUR TOPIC, CLICK HERE TO HIRE A WRITER»
