Journal articles: 'Criminal justice, administration of'

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Ogunmodede, Omotan Olusola. "Procedures for Admitting Confessional Statements under the Evidence Act, 2011, Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States: Inconsistent or Complimentary?" ABUAD Law Journal 8, no. 1 (June 30, 2020): 122–38. http://dx.doi.org/10.53982/alj.2020.0801.08-j.

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Confessional statements are very vital in Nigeria’s administration of criminal justice as many convictions are based on confessional statements. The major laws regulating the admissibility of confessional statements in Nigeria are Evidence Act 2011, Administration of Criminal Justice Act 2015 and Administration of Criminal Justice Laws of various States. The provisions of these laws seem to be inconsistent and create confusion on the admissibility of confessional statements. This paper defines and examines confessional statements under the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws of Various States. The paper examines various court decisions on the “conflicts” between the Evidence Act 2011, the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws. The paper finds that the Evidence Act solely determines the admissibility of confessional statements while the Administration of Criminal Justice Act 2015 and the Administration of Criminal Justice Laws in conjunction with other evidence determines the weight to be attached to a confessional statement. The paper concludes that the Evidence Act and Administration of Criminal Justice Act 2015/ the Administration of Criminal Justice Law are therefore complementary rather than inconsistent.

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Sapir, Yoav. "Book Review: From social justice to criminal justice - Poverty and the administration of criminal justice." Punishment & Society 5, no. 1 (January 2003): 131–34. http://dx.doi.org/10.1177/146247450300500117.

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Mathur, B. C. "Administration of Justice: Administrative Tribunals and Criminal Justice System." Indian Journal of Public Administration 45, no. 3 (July 1999): 501–7. http://dx.doi.org/10.1177/0019556119990320.

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Alobo, Eni E., and John Inaku. "AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM." International Journal of Engineering Technologies and Management Research 5, no. 12 (March 24, 2020): 134–45. http://dx.doi.org/10.29121/ijetmr.v5.i12.2018.335.

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This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.

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Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, no. 2 (July 2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.

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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.

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Syza, N. P. "ADMINISTRATION OF JUSTICE IN CRIMINAL PROCEEDINGS EXCLUSIVELY BY THE COURTS." Herald of criminal justice, no. 1-2 (2022): 91–99. http://dx.doi.org/10.17721/2413-5372.2022.1-2/91-99.

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The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

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Daibu, Abdulrazaq Adelodun. "Traditional Justice Systems in the Nigerian Administration of Justice: Lessons from Kenya." Journal of Comparative Law in Africa 10, no. 1 (2023): 133–68. http://dx.doi.org/10.47348/jcla/v10/i1a6.

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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.

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Moran, Nathan R. "Book Review: Handbook of Criminal Justice Administration." Criminal Justice Review 28, no. 2 (September 2003): 413–16. http://dx.doi.org/10.1177/073401680302800222.

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Abdullahi, Ibrahim. "The Jurisprudence Of The Sokoto State Administration Of Criminal Justice Law 2019: Innovative Provisions, Redlines And Suggestions For Future Reforms." Advances in Social Sciences Research Journal 7, no. 6 (June 14, 2020): 1–21. http://dx.doi.org/10.14738/assrj.76.8319.

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This article appraises the jurisprudence, innovative provisions, redlines inherent in the Sokoto State Administration of Criminal Justice Law 2019 and make suggestions for future reforms. Sokoto State is one of States in Nigeria that has domesticated the Administration of Criminal Justice Act 2015 (ACJA 2015) through the signing into law of the Sokoto State Administration of Criminal Justice Law, 2019 by his Excellency, the Executive Governor of Sokoto State, Rt. Hon. Aminu Waziri Tambuwal (Mutawallen Sokoto) to take care of the problems of incessant delay in the criminal justice system. This article uses the doctrinal research methodology in gathering information’s and observes the need to look holistically at the issue of poor draftsmanship while provisions that runs counter to the Constitution should be addressed. The article recommended amongst others that the provisions relating to expeditious legal advice from the office of the Attorney General of Sokoto State and prohibition against lay prosecutions cannot be effective if the manpower at the Ministry of Justice is not improved upon and the welfare of the lawyers at the said Ministry is not taken care of. Barring the above, it is a new dawn for Sokoto State in the administration of Criminal Justice.

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Trott, Stephen S. "Implementing Criminal Justice Reform." Public Administration Review 45 (November 1985): 795. http://dx.doi.org/10.2307/3135038.

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O’Mahony, David. "Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland." International Criminal Law Review 12, no. 3 (2012): 549–72. http://dx.doi.org/10.1163/157181212x650001.

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This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

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Spigelman, JJ. "Public Confidence in the Administration of Criminal Justice." Current Issues in Criminal Justice 19, no. 2 (November 2007): 219–23. http://dx.doi.org/10.1080/10345329.2007.12036428.

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HOFFMANN, JOSEPH L., and LAUREN K. ROBEL. "Federal Court Supervision of State Criminal Justice Administration." ANNALS of the American Academy of Political and Social Science 543, no. 1 (January 1996): 154–66. http://dx.doi.org/10.1177/0002716296543001014.

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Vukor-Quarshie, G. N. K. "Criminal Justice Administration in Nigeria:Saro-Wiwa in review." Criminal Law Forum 8, no. 1 (February 1997): 87–110. http://dx.doi.org/10.1007/bf02699801.

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Vukor-Quarshie, G. N. K. "Criminal justice administration in Nigeria:Saro-Wiwa in review." Criminal Law Forum 8, no. 3 (October 1997): 87–110. http://dx.doi.org/10.1007/bf02677803.

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CHANG, DAE H. "Administration of Criminal Justice and Universal Human Rights." International Journal of Comparative and Applied Criminal Justice 15, no. 1-2 (January 1991): i—xiii. http://dx.doi.org/10.1080/01924036.1991.9688950.

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Dyke, Andrew. "Electoral cycles in the administration of criminal justice." Public Choice 133, no. 3-4 (July 25, 2007): 417–37. http://dx.doi.org/10.1007/s11127-007-9197-2.

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Fernandes, April D., and Robert D. Crutchfield. "Race, Crime, and Criminal Justice." Criminology & Public Policy 17, no. 2 (April 19, 2018): 397–417. http://dx.doi.org/10.1111/1745-9133.12361.

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Omachi, Mary Jennifer, and Anthony Abakpa Sule. "The Administration of Criminal Justice Act, 2015: Pathway to a Reformed Criminal Justice System in Nigeria." ABUAD Law Journal 7, no. 1 (2019): 130–52. http://dx.doi.org/10.53982/alj.2019.0701.06-j.

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Since the laws regulating crime touch upon the important areas of social life, legal systems have continued to imbibe best practises to regulate crimes within their jurisdictions in order to encourage development and ensure progress. Thus, a good criminal justice system ensures that effective laws are put in place to fit growing societal demands which are never static. Nigeria, in regulating criminal proceedings, had relied on obsolete laws existing since the colonial and post-colonial eras to 2015 when the Administration of Criminal Justice Act was enacted to fit the growing demands of the Nigerian society. This research uses the doctrinal method to appraise certain innovations of the Act and show how they can reform the criminal justice system in the country to align with best practices around the world. Even though the enactment of the Act is a welcome development, its application is limited only to federal courts (except a court martial) and courts within the Federal Capital Territory, Abuja. Whereas the laudable innovative provisions are highly commendable they can only be effectively applied if they are well implemented. Hence the need for government to effectively fund the criminal justice sector with appropriate manpower, resources and structures and the need for all the states within the country to enact their own Administration of Criminal Justice Laws to apply uniformly in the country.

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Ahmed, Ghufran, Sheer Abbas, and Muhammad Ramzan Kasuri. "Criminal Procedure is Criminal Justice in Action: Transition to Islamic Criminal Procedure is a Way Forward for Pakistan." Global Regional Review VII, no. II (June 30, 2022): 334–46. http://dx.doi.org/10.31703/grr.2022(vii-ii).32.

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The Criminal law is the strongest arm of all the normative systems of society which saves the society from evils, punishes the criminals, curbs, and prevents crimes in the society, frees it of crime or makes continuous efforts to keep it at bay or at least makes offences unattractive, unpleasant, hateful, and unaccepted activity in our society. The criminal procedure is criminal justice in action. The failure of the procedural law means failure of the social goals set by society. With the help of qualitative research methodology, this article discusses the importance of criminal procedural law in the administration of the Criminal Justice System (CJS). It points out the two types of criminal procedural laws in Pakistan; constitutional and ordinary. It also analyses the current situation of the CJS of Pakistan. It also highlights the major problems in the criminal procedure of Pakistan and pointed out the need of revamping the criminal procedure. It also pointed out the need to transition from existing criminal procedural laws of Pakistan to Islamic Criminal Procedure.

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Revina, I. V., O. S. Pashutina, and I. N. Chebotareva. "THE WAIVER OF A RIGHT TO EXERCISE JUSTICE: LEGAL NATURE AND CONTENT." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2021): 35–42. http://dx.doi.org/10.18323/2220-7457-2021-4-35-42.

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The paper presents the results of legal research on the involvement of citizens in the administration of justice during criminal proceedings. The existing Russian criminal procedure legislation provides for a relevant procedure. However, some aspects of citizens’ participation in the administration of justice in the sphere of criminal proceedings, for today, are regulated insufficiently, which causes certain difficulties by an executor of law. The study focuses attention on the special constitutional and legal significance of such participation as a form of interaction of the state and society on the whole. The authors consider the participation of citizens in the administration of justice both as a constitutional guarantee of the defense of human and civil rights and freedoms in the Russian Federation and concerning the procedural support of the corresponding right of a criminal procedure participant. The paper states that citizens’ participation in the administration of justice is characterized to a greater degree by their rights than by responsibility. The authors justify the conclusion on the necessity of different interpretations of the concepts of civil duty and legal duty. Such attitude is proved by the fact that the imposed form of participation in justice does not make impossible the juror’s intentional violation of bans stipulated towards a juror. The paper pays attention to the study of the process of trial jury formation in criminal proceedings. The authors identified and analyzed the reasons for citizens’ unwillingness to exercise this right. The study considers both the admissible not contradictory to legal rules forms of such denial and its covert types hindering the administration of justice. It is identified that the waiver of a right to exercise justice can be caused both by objective and subjective factors. Based on the analysis of statistical data and with the account of the examples from judicial practice, the authors justify the necessity of further improvement of norms of the current legislation in ensuring the citizens’ participation in the administration of justice.

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Hemmens, Craig, and Jonathan Bolen. "Recent Legal Developments." Criminal Justice Review 36, no. 4 (November 15, 2011): 533–44. http://dx.doi.org/10.1177/0734016811428280.

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During its 2010 term, the United State Supreme Court decided 28 cases that dealt with a criminal justice-related issue. While a number of these decisions will have only a slight impact on the daily administration of justice, there were several significant cases involving criminal justice-related topics such as search and seizure, interrogations, and sentencing. We present a summary and analysis of the most significant decisions involving criminal justice. The cases are divided, somewhat roughly, into categories.

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Olabode, Oyewunmi, Igbinoba Ebeguki, and Olusola -Olujobi. "Re-Appraising the Statutory and Ethical Roles of Lawyers Pursuant to Nigeria’s Administration of Criminal Justice Act, 2015." Journal of Social Sciences Research, no. 57 (July 15, 2019): 1184–92. http://dx.doi.org/10.32861/jssr.57.1184.1192.

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Breach of fundamental human rights and rule of law are challenges that have tainted Nigeria’s image and impaired sustainable development of her justice system. These breaches are: torture, distorting bail procedures among others. These illegal practices if unchecked may culminate in the denial of justice. The lawyer’s role therefore, is vital in fostering a culture of enduring dispensation of justice, especially in the light of the many challenges bedeviling Nigeria’s criminal justice system. The paper re-appraises the statutory and ethical roles of lawyers pursuant to the Nigeria’s Administration of Criminal Justice Act, 2015 in facilitating stringent compliance with the Act to safeguard the rule of law. The study is a doctrinal legal research with a library based approach. It adopts primary sources such as statutes, judicial authorities and secondary sources such as textbooks, journals/articles and internet sources. The research recommends among others, reform and strengthening of the judiciary to promote its independence in the administration of criminal justice system. Lawyers must ensure that the Administration of Criminal Justice Act, 2015 fosters dexterous management of cases by all adjudicatory bodies for speedy dispensation of justice, promotion of rule of law, and to end abuse of court processes. The study finds that Nigerian criminal law appears flawed in this regards. This research revealed series of human rights violations in Nigeria and equally highlighted the roles of lawyers in combating these abuses and suggest the use of modern forensic technologies in all courts in Nigeria which is currently lacking and made some recommendations.

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Saheed, Abiola Adekunle. "Towards an Effective Regime of the Application of Condonation, Compounding of Offences and Plea Bargaining as Veritable Alternative Dispute Resolution (ADR) Mechanisms." ABUAD Law Journal 8, no. 1 (June 30, 2020): 139–53. http://dx.doi.org/10.53982/alj.2020.0801.09-j.

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The recent court queues, rising costs of litigation, congestion in prisons, expensive nature of management of prisons and time delays has continued to affect the administration of criminal justice system in Nigeria. There is therefore the need to fashion out alternatives to administration of criminal justice. These alternatives if effectively used in the administration of criminal justice system, it will not only reduce the congested nature of our prisons but also reduce the workload of the courts. It is against this backdrop that this paper seeks to examine the effective regime of the application of Condonation, Compounding of offences and Plea bargaining as veritable Alternative Dispute Resolution (ADR) Mechanisms. This paper adopted historical and analytical approaches through the use of primary and secondary documents as contained in published and unpublished materials. The paper revealed that compounding of offences even though it predated plea bargain, Nigeria has not yet made clear and general provisions on compounding of offences under the Penal Laws. The paper concluded that compounding of offences, condonation and plea bargaining are veritable alternative dispute resolution mechanisms embedded in the administration of criminal justice system. It was recommended among others that a uniform and generally applicable law should be enacted on condonation, compounding of offences and Plea bargaining in Nigeria, harmonization of our substantive criminal laws and procedural Criminal Codes in Nigeria and a more suitable sentencing guidelines for plea bargaining.

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Bello, Akeem Olajide. "Emerging disclosure regime in criminal proceedings in Nigeria." Revista Acadêmica Escola Superior do Ministério Público do Ceará 10, no. 2 (December 14, 2018): 155–76. http://dx.doi.org/10.54275/raesmpce.v10i2.125.

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This article reviews the emerging disclosure regime in criminal proceedings in Nigeria and its future prospects. Until recently the Laws governing the administration of criminal justice in Nigeria contain very little provisions governing disclosure in criminal proceedings. The recent reform of the Administration of Criminal Justice Laws in Nigeria have also not addressed the need to provide adequate rules governing disclosure in criminal proceedings. The paper examines the provisions on disclosure obligations in criminal trials in Practice Directions of two Courts exercising criminal jurisdiction in Nigeria. The examination reveals that the provisions of the Practice Directions are designed to address case management issues and not specifically to regulate disclosure obligations of the prosecution and defence. The article charts the direction that the regulation of disclosure obligations in criminal proceedings in Nigeria should follow.

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Hallett, Michael. "Commerce with Criminals: The New Colonialism in Criminal Justice." Review of Policy Research 21, no. 1 (January 2004): 49–62. http://dx.doi.org/10.1111/j.1541-1338.2004.00057.x.

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Shikhovtsova, Albina Olegovna. "Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage." Юридические исследования, no. 4 (April 2021): 1–8. http://dx.doi.org/10.25136/2409-7136.2021.4.35375.

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The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.

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Okoeguale, Hilary. "Federalism: Prerequisite for Effective Criminal Justice Administration in the States." ABUAD Law Journal 7, no. 1 (2019): 32–52. http://dx.doi.org/10.53982/alj.2019.0701.02-j.

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The Federal system being practiced in Nigeria has been widely criticized and referred to as asymmetrical in favour of the Federal Government. In the Context of the criminal justice system (CJS), twoprincipalagencies are in the Exclusive Legislative list, that is to say, the Nigeria Police Force and the Nigerian Correctional Service. This situation leaves the States short of the requisite resources for effective criminal justice administration. This paper examines the federal structure as designed by the extant Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) with a view to bringing to the fore, the extent to which State Governments in Nigeria can maintain a coherent and smooth criminal justice administration. The paper also interrogates the capacity of State Governmentsto fight crime given the resources at their disposal. In doing so, it examines the tenets of a federal system of government and the extent of compliance in Nigeria. Consequently, it was found that theCFRN, robs State Governments in Nigeria of the requisite authority to maintain an independent, autonomousand effective criminal justice system. In other words, State Governments in Nigeria could make laws which a federal Police Force may refuseto carry out. This has negative implications for the state administration of justice, especially in the face of the upsurge in crime rate in Nigeria. Thepaper concludes that a State would be inherently weak if it were incapacitated or unable to enforce its own laws and as such recommends that the CFRN be reviewed in order to allow for a State Police Force and State Correctional Service.

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Mkami, Baraka, and Evaristo E. Longopa. "The DPP’s Supremacy in the Criminal Justice of Tanzania: Analysis of the Exercise of Nolle Prosequi." Eastern Africa Law Review 48, no. 2 (December 31, 2021): 1–26. http://dx.doi.org/10.56279/ealr.v48i2.1.

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The judiciary is the final and last authority in the dispensation of justice. Being the final authority in the dispensation of justice, the judiciary should have a say in every aspect relating to the administration of justice. Oddly, nolle prosequi, a power given to the Director of Public Prosecutions (DPP) appears to oust the supremacy of the judiciary in the dispensation of justice. This power makes the DPP supreme over and above the judiciary. This article aims at analyzing the power of the DPP to enter nolle prosequi and its legal implications in the administration of criminal justice of Tanzania. Fundamentally, the article reveals that, nolle prosequi is uncontrolled and hence, the power is prone to abuse. It is recommended that there is a need to entrench limitations through legislative frameworks including restrictions on reinstitution of criminal cases against the accused person based on the same facts after nolle prosequi has been entered. Keywords: Criminal Justice, Director of Public Prosecutions, Nolle Prosequi, Tanzania

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Agbo, Festus Okpoto. "Examining the Role of Judicial Officers in Administering and Preventing Abuse of Plea Bargain as a Prosecutorial Strategy in Nigeria." Global Journal of Politics and Law Research 10, no. 3 (March 15, 2022): 33–49. http://dx.doi.org/10.37745/gjplr.2013/vol10n3pp3349.

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Stakeholders in administration of criminal justice system have been critical of the concept of plea bargain. The complaint is that it promotes corruption because of its leniency to corrupt politicians and fraudulent businessmen and women owing to its abuse. Some critics of plea bargain argue that a system of negotiated criminal justice undermines deterrence as one major aim of criminal sanctions. Others maintain that repeat offenders who are familiar with the workings of the criminal justice system are able to negotiate more favourable sentences than first offenders. Still, others view plea bargain as benefiting only the rich since the poor hardly negotiate their charges and sentences. This paper argues that since a trial court has the final say on plea bargain agreement, there is no logical basis for fear of its abuse by parties to it unless the judiciary also lends its courts to corrupt practices. Plea bargain is open to every offender with equal opportunity for legal representation. The paper examines the importance of plea bargain and the role of judicial officers in its implementation. It concludes that courts are firmly in control of trials based on negotiated pleas as well as regular criminal trials, and are able to guide against abuse of this vital prosecutorial strategy. The paper recommends, inter alia, inserting express provisions in the criminal procedural laws empowering judicial officers to bar parties to criminal proceedings and their representatives from abandoning negotiated pleas. Doctrinal method of research is used in collating and analysing relevant sections of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), Administration of Criminal Justice Law of Lagos State 2021 (ACJL Lagos), the Administration of Criminal Justice Act 2015 (ACJA), judicial authorities, and learned articles.

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Moore, Mark H. "Drugs, the Criminal Law, and the Administration of Justice." Milbank Quarterly 69, no. 4 (1991): 529. http://dx.doi.org/10.2307/3350227.

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Roy, Jaytilak Guha, and Yatish Mishra. "Criminal Justice System and its Administration: Agenda for Reform." Indian Journal of Public Administration 45, no. 3 (July 1999): 494–500. http://dx.doi.org/10.1177/0019556119990319.

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Smith, Bruce P. "English Criminal Justice Administration, 1650–1850: A Historiographic Essay." Law and History Review 25, no. 3 (2007): 593–634. http://dx.doi.org/10.1017/s0738248000004284.

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In his inaugural lecture as Downing Professor of the Laws of England at the University of Cambridge, delivered in October 1888, Frederic Maitland offered a set of provocative and now familiar reflections on “Why the history of English law is not written.” According to Maitland, although English archives possessed “a series of records which for continuity, catholicity, minute detail[,] and authoritative value” had “no equal…in the world,” the “unmanageable bulk” of these sources had “overburdened” aspiring historians of English law. As a result, “large provinces” of English legal history remained to be “reclaimed from the waste.” With few willing to undertake such reclamation efforts, the historiography of English law remained as bleak and barren as the bogs from which Maitland's Cambridgeshire had itself only reluctantly emerged.

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Pangaribuan, Aristo Marisi Adiputra. "MENYEGARKAN PENDEKATAN STUDI HUKUM ACARA PIDANA." Mimbar Hukum 33, no. 2 (December 30, 2021): 373–400. http://dx.doi.org/10.22146/mh.v33i2.3727.

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Abstract Suppose we pay attention to Indonesian literature on criminal justice. In that case, the central thesis of most publications are that criminal justice administration is a single system, where actors as a sub-system work together for one clear goal, named justice. We develop a criminal justice model such as adversarial, inquisitorial, and integrated criminal justive systems based on this assumption. This article shows that the reality is not that simple. Through literature review, this article will show that criminal justice is a complex and multi-dimensional subject. The outcome of the system relies heavily on the actors and their interaction when processing a case. This framework has not been widely discussed in the Indonesian literature because of the limited approach to the study of criminal justice. In our study, we are obsessed with models and their comparisons. In the end, this article invites Indonesian academics to refresh our approach to studying criminal justice by expanding our framework in understanding criminal justice as a multi-dimensional subject. Without it, our academic discourse will not develop much. Abstrak Apabila kita melihat literatur hukum acara pidana kita, kita akan menemukan asumsi bahwa hukum acara pidana adalah suatu sistem yang tunggal, di mana para aparat penegak hukum sebagai sub-sistem bekerjasama untuk satu tujuan yang jelas, yaitu keadilan. Dari asumsi ini lahir istilah-istilah model acara pidana seperti adversarial, inquisitorial sampai integrated criminal justice system. Artikel ini menunjukkan bahwa realitanya tidak sesederhana itu. Melalui metode tinjauan literatur, artikel ini akan menunjukkan bahwa hukum acara pidana adalah disiplin ilmu yang kompleks dan multi-dimensional. Luaran dari proses acara pidana lebih banyak ditentukan oleh para aktor dan relasi kerja antar mereka. Kerangka berpikir inilah yang belum banyak dibahas oleh literatur kita karena keterbatasan pendekatan yang lebih banyak terobsesi dengan model dan komparasi model hukum acara pidana. Pada akhirnya, artikel ini mengajak para akademisi untuk menyegarkan pendekatan studi hukum acara pidana dengan jalan memperluas kerangka berpikir yang meletakkan disiplin ilmu acara pidana sebagai proses yang multi-dimensional. Tanpanya, disiplin ilmu hukum acara pidana tidak akan berkembang banyak.

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Ajit. "Criminal Justice System in India: Analytical Study." RESEARCH REVIEW International Journal of Multidisciplinary 8, no. 8 (August 14, 2023): 210–15. http://dx.doi.org/10.31305/rrijm.2023.v08.n08.034.

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The main objective of the administration of criminal justice is to preserve and protect the rule of law. The scope of the criminal justice system includes establishing rule of law, speedy trial, punishing criminals, rehabilitation of criminals through the judicial system, relief to victims of crime, etc. The present criminal justice system suffers from various flaws and defects. The courts are full of delayed cases. The current legal process takes a lot of time. Which benefits the accused. New forms of crime are emerging. Speedy trial and speedy justice are considered the fundamental rights of the citizen. But the criminal justice system has failed to provide speedy justice to the people and guarantee certainty of punishment to the criminal. India's criminal justice system is based on the British heritage. The demand for reform and amendment in the present justice system is gaining momentum. Therefore, there is a need to analyze various aspects of the criminal justice system whether amendments in the prevailing laws are necessary in the present perspective or why the Indian justice system is not effective. In the presented research paper, the Indian justice system has been critically evaluated. Abstract in Hindi Language: आपराधिक न्याय प्रशासन का मुख्य उद्देश्य विधि के शासन को संरक्षित और बचाव करना है। आपराधिक न्याय प्रणाली की परिधि में विधि का शासन स्थापित करना, त्वरित सुनवाई, अपराधियों को दंडित करना, न्यायिक प्रणाली के माध्यम से अपराधियों का पुनर्वास, अपराध के पीड़ितों को राहत इत्यादि आते हैं। वर्तमान आपराधिक न्याय प्रणाली विभिन्न खामियों और दोषों से ग्रस्त है। अदालतों में विलंबित केसों की भरमार है। वर्तमान कानूनी प्रक्रिया में समय बहुत लगता है। जिसका फायदा आरोपी को होता है। अपराध के नए रूप सामने आ रहे हैं। शीघ्र सुनवाई व त्वरित न्याय नागरिक का मूल अधिकार माना गया है। लेकिन आपराधिक न्याय प्रणाली लोगों को त्वरित न्याय देने और अपराधी को दंड देने की निश्चितता गारंटी देने में असफल रहा है। भारत की आपराधिक न्याय प्रणाली ब्रिटिश विरासत पर आधारित है। वर्तमान न्याय प्रणाली में सुधार व संशोधन की मांग जोर पकड़ रही है। इसलिए आपराधिक न्याय प्रणाली के विभिन्न पहलुओं का विश्लेषण करने की आवश्यकता है कि क्या वर्तमान परिप्रेक्ष्य में प्रचलित कानूनों में संशोधन आवश्यक है या भारतीय न्याय प्रणाली प्रभावी क्यों नहीं है। प्रस्तुत शोध पत्र में भारतीय न्याय प्रणाली का आलोचनात्मक मूल्यांकन किया गया है। Keywords: आपराधिक न्याय प्रणाली, न्यायपालिका, अपराध और न्याय, अपराध प्रशासन

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Khan, Naveed Altaf, Zia ur Rehman, and Muneer Ahmed. "A-2 The Legal Maxim “an accused is innocent until proven guilty” and its Applications in Islamic Criminal Law and Criminal Law of Pakistan (A Conceptual and Applied Study)." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 1 (June 30, 2020): 11–21. http://dx.doi.org/10.53575/a2.v4.01.11-21.

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Al Qaidah al Fiqhiyah (Islamic Legal Maxim) is a collection of rules having the same ruling in different chapters but of a specific field of al Fiqh al Islami. (we will discuss latter with some detail about the concept of Qaidah and Dhabit). The Al Aslu Fe al Muttaham Baraahatoho (The accused is innocence until proven guilty) is one the basic principle and maxim of English Criminal Law and so of Pakistani Criminal Law. (a mixture of somehow Islamic and Common Law). This maxim is recognized by Sahriah but in a way that it could not became a shelter for professional criminals and trouble makers in the society because administration of criminal justice system of Islamic Law safeguards the right of accused, but not by putting the right of lives and property of others innocents in vain, so that they spent their lives while reaching about their rights in the hands of unknowns. this work focuses on the literal and technical meaning of the maxim, as well as significance of its consideration in the field of Islamic Criminal Law and also its applications in the field. The study will come with the proofs of the maxim from the verses of Quran and traditions of the Holy Prophet (PBUH). After that it will bring out relevant cases from the Islamic Criminal Law along some of exceptional cases as well. The study will also deal with its relevance with Pakistani Criminal Law, highlighting the common areas of both in traditional Islamic Law and Criminal Justice System in Pakistan, and basic points of differences between them and its impacts while fulfilling the administration of justice.

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CRAWFORD, ADAM. "INVOLVING LAY PEOPLE IN CRIMINAL JUSTICE." Criminology Public Policy 3, no. 4 (November 2004): 693–702. http://dx.doi.org/10.1111/j.1745-9133.2004.tb00073.x.

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Weatherburn, Don. "STRATEGIES FOR MANAGING CRIMINAL JUSTICE SYSTEMS." Australian Journal of Public Administration 53, no. 1 (March 1994): 67–77. http://dx.doi.org/10.1111/j.1467-8500.1994.tb01861.x.

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Maslennikova, L. N., and T. E. Sushina. "Experience of Criminal Proceedings Digitalization in the Federal Republic of Germany and Possibilities of its Use in the Criminal Proceedings Digitalization in Russia." Actual Problems of Russian Law 15, no. 6 (July 11, 2020): 214–24. http://dx.doi.org/10.17803/1994-1471.2020.115.6.214-224.

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The paper analyzes the experience of digitalization of the criminal justice of the Federal Republic of Germany as one of the leading states of the European Union with a high level of informatization of the public administration mechanism. The study of German theory and practice allowed us to conclude that the criminal justice of Germany is quite successful in adapting to the new digital reality and that it is possible to use positive experience in developing the Russian concept of building criminal justice that provides access to justice in the development of digital technologies. It is proposed to consider digitalization as an irreversible and logical process of the development of criminal proceedings, requiring adjustments to the organizational basis of criminal procedure. Along with this, it is concluded that digitalization may become a prerequisite for changing the architecture (construction) of pre-trial stages of criminal proceedings with their subsequent transformation into the initial stage of criminal proceedings prior to justice.

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Chawla, Mr Dharmendra Satyanarayan. "The Role of Forensic Evidence in Criminal Investigations in India." International Journal for Research in Applied Science and Engineering Technology 11, no. 10 (October 31, 2023): 760–65. http://dx.doi.org/10.22214/ijraset.2023.56099.

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Forensic evidence, an indispensable facet of modern criminal investigations, stands as a beacon guiding the pursuit of truth and justice within the Indian legal landscape1 . This research seeks to elucidate the critical role of forensic evidence in criminal investigations, underscoring its profound impact on the administration of justice.

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Sturz, Herbert. "Experiments in the Criminal Justice System." Federal Sentencing Reporter 24, no. 1 (October 1, 2011): 4–7. http://dx.doi.org/10.1525/fsr.2011.24.1.4.

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This article originally appeared in the Legal Aid Briefcase, February 1967, and was based on Herbert Sturz's testimony before the Senate Subcommittee on Executive Reorganization, December 13, 1966. The primary focus of the Vera Institute of Justice has been on the relationship of poverty to the administration of criminal justice. Well over 50 percent of individuals appearing in the criminal courts of America are indigent, and more are dangerously close. As a neutral private agency, the Vera Institute of Justice has brought together various public agencies in joint programs and experiments to address this issue with action-oriented interventions. This pilot project technique provides great flexibility, allowing planners to adopt successful programs or change the approach on short notice, as needed.

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Edobor, Julius, and Faith Osadolor. "Negotiating Criminal Responsibility with Plea Bargain in Nigeria." Kabarak Journal of Law and Ethics 5, no. 1 (November 2, 2021): 205–20. http://dx.doi.org/10.58216/kjle.v5i1.184.

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The concept of plea bargaining is a commendable tool in the administration of criminal justice in Nigeria. It is simply a negotiated agreement between a prosecutor and a defendant where the defendant pleads guilty to a lesser offence in exchange for concession. This study examines the historical development of the concept, its comparative development in selected countries such as, the United States of America, India, Canada and some Common Law jurisdictions where plea bargaining has gained prominent recognitions in its criminal justice systems particularly, where there is absence of compulsory prosecution against the criminal defendants. In the same vein, the study also examines the issues arising from the emergence and practice of plea bargain in Nigeria. It therefore, proffers appropriate recommendations against the background of the examination of the Administration of Criminal Justice Act (ACJA), 2015 which has also been domesticated in some States in Nigeria.

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Kemi, Omojola, and Omodanisi Kemi Beatrice. "Assessing the Implication of Plea Bargain under ACJA, 2015 in Nigeria’s Anti-corruption Crusade: Lessons from Kenya." Asian Research Journal of Arts & Social Sciences 22, no. 1 (January 4, 2024): 13–29. http://dx.doi.org/10.9734/arjass/2024/v22i1504.

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The fight against corruption under the Nigerian Criminal Justice System has gradually witnessed the use of plea bargain in the prosecution of corruption cases; drawing criticism and approval from stakeholders. Plea Bargain is an agreement between the prosecutor and defendant whereby the defendant concedes to plead guilty to a particular charge in exchange for some concession from the prosecutor. This paper assesses the implication of plea bargain under the Administration of Criminal Justice Act, 2015 in the fight against corruption in Nigeria; drawing lessons from Kenya. The paper is doctrinal, using primary and secondary sources of law such as case law, books, articles in journals, and internet materials. It examines plea bargain and innovations under Administration of Criminal Justice Act, 2015 as well as complementary analysis of plea bargain under Administration of Criminal Justice Law (ACJL) of states and Kenya’s application of plea bargain in its anti-corruption fight. The paper finds that judicial decisions considered both in Nigeria and Kenya reveals that plea bargaining is a useful tool in fighting corruption. One of the key recommendations of this paper is having a Plea Bargain Guideline and Rule pursuant to ACJA 2015 as obtainable in Kenya. This will act as a guide for prosecutors, accused persons and other stakeholders in negotiating a plea bargain agreement.

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Freilich, Joshua D., and Steven M. Chermak. "George Floyd protests and the criminal justice system." Criminology & Public Policy 21, no. 1 (February 2022): 3–7. http://dx.doi.org/10.1111/1745-9133.12577.

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Olokooba, Saka Muhammed, and M. K. Adebayo. "PLEA BARGAINING: A PANACEA TOWARDS PRISON DECONGESTION IN NIGERIA." Agora International Journal of Juridical Sciences 8, no. 4 (November 23, 2014): 139–48. http://dx.doi.org/10.15837/aijjs.v8i4.1613.

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Against the panoramic view of the criminal justice reform agenda in Nigeria, the plea bargaining procedure is yet to be fully recognized as a major intervention strategy to deal with the problems in the Nigerian criminal justice administration. This paper therefore conceptualized the concept of plea bargaining. The legal basis for plea, the justifications for plea as well as the merits and demerits of the plea are discussed. The paper also highlights the major problems afflicting criminal justice administration and examines the steps being taken to deal with the problems. The emphasis is on strengthening arguments for a mutual acceptance of plea bargaining as a credible exist strategy by both the state and an alleged offender. The way forward in form of recommendations for the expansion and institutionalization of the practice is also discussed.

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Moorer, Regina. "Advancing Social Equity: Examining the Impact of Gender, Place, and Race on Criminal Justice Administration in Alabama." Journal of Public and Nonprofit Affairs 7, no. 2 (August 1, 2021): 283–92. http://dx.doi.org/10.20899/jpna.7.2.283-292.

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This article explores how the intersections of gender, place, and race impact the socially equitable application of criminal justice administration in Alabama. Specifically, most re-entry programs fail to address the varied and unique post-carceral needs of Black women. As such, this work examines the obstacles and opportunities for non-profit re-entry program administrators who seek to uphold the civil and human rights of Black women and highlights best practices in providing meaningful re-entry and reintegration services to women from historically under-resourced communities. Using social equity’s theoretical principles in criminal justice, this article spotlights Alabama’s re-entry programs and explores what occurs at the juncture of social equity, community-based criminal justice administration, and recidivism; this article also illustrates the interconnectedness of these three concepts.

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Dorozhkina, Natalia. "PEOPLE'S ASSESSORS: PROBLEMS AND WAYS OF DEVELOPMENT IN MODERN CRIMINAL PROCEEDINGS." Economics. Sociology. Law. 03, no. 02 (July 5, 2024): 63–73. http://dx.doi.org/10.22281/2542-1697-2024-03-02-63-73.

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This article examines the formation and development of courts with the participation of people's and jurors in Russia, provides the German experience of introducing jurors for the administration of justice - the Scheffen court, notes the advantages and disadvantages of the participation of people's assessors in the administration of justice, suggests legislative ways to attract the participation of people's assessors to participate in judicial proceedings.investigations into certain categories of criminal cases. The object of the study is relations in the field of administration of justice with the involvement of people's assessors, the research methods used by the author of the study were analysis, synthesis, abstraction, historical, comparative legal, formal logical and other research methods

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Spesivov, N. V. "From Fantastic Theories to Objective Reality: Is there Future for Artificial Intelligence and Predictive Technologies in Administration of Criminal Justice?" Lex Russica 76, no. 2 (March 2, 2023): 81–90. http://dx.doi.org/10.17803/1729-5920.2023.195.2.081-090.

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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.

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Okunola, Rashidi Akanji, and Matthias Olufemi Dada Ojo. "Re-Assessing the Relevance and Efficacy of Yoruba Gods as Agents of Punishment: A Study of Sango and Ogun." Issues in Ethnology and Anthropology 7, no. 4 (March 4, 2016): 1057–76. http://dx.doi.org/10.21301/eap.v7i4.9.

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The general objective of this paper was to investigate the relevance and efficiency of Yoruba gods in the administration of punishment and justices on crime commitment. Two Yoruba gods (Sango and Ogun) were principally chosen. Six hundred (600) participants were conveniently sampled from three localities from three geo-political states in the western part of Nigeria. Univariate and bivariate analyses were used in the description of the samples and frequency distribution tables were employed in the presentation of the data. The results show that Yoruba natives still fear and respect these gods. The gods are still relevant and efficient in the administration of punishment on crime commission. The Yoruba natives show preference for the non-conventional punishments of these gods to modern criminal justice systems. Finally, the paper recommends the opinion survey polls on the inclusion of the invocations of these gods in the criminal justice systems of Nigeria and the likely implementations of the invocations in official swearing in ceremony for political and public office holders and the administration of the invocations in Nigerian courts of law.

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Shepitko, Mykhaylo. "Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 27, 2020): 131–41. http://dx.doi.org/10.37635/jnalsu.27(2).2020.131-141.

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The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility

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Journal articles on the topic 'Criminal justice, administration of'

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