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SALEM UNIVERSITY, NIGERIA
COURSE LECTURE: Dr. ISIAKA HARUNA CSS 243 JUVENILE JUSTICE Assessment There are two types of assessment in this course. The first one is the Assignment file. In this file, you will find all the details of the work you must submit to your tutor for marking. The marks you obtain in these assignments will make up your final marks. The assignments must be submitted to your tutor for formal Assessment in accordance with the deadline stated in the presentation schedule and the Assignment file. The Assignments submitted to your tutor will account for 30% of your total score. The second one is the written Examination. This will be discussed in details on Final Examination and Grading. Tutor-Marked Assignments (TMA) There are twenty three tutor-marked Assignments in this course. Every unit has a tutor-marked Assignment. You will be assessed on four of them but the best three performances from the Tutor Marked Assignments (TMA) will be used for your 30% grading. The Assignments for the units in the course are contained in the Assignment file. When each Assignment is completed, send it together with a TMA form to your tutor. Ensure that each Assignment reaches your tutor on or before the deadline given in the Assignment file. If, for any reason you cannot complete your work on time, contact your tutor before the Assignment is due to discuss the possibility of an Extension. Extensions will not be granted after the due date unless there are exceptional circumstances warranting such. Final Examination and Grading The final examination for CSS361 Juvenile Institutions and Juvenile corrections in Nigeria will be of three hours duration and have a value of 70% of the total course grade. All areas of the course will be examined. Find time to read the units all over before your examination. The examination will consist of questions, which reflect the kind of self-assessment Exercises and
tutor-marked Assignments (TMA) you have previously encountered. All areas of the course will be assessed. INTRODUCTION Nearly every society since the dawn of history has looked on youth crime as a serious problem, and our society is no different. The underlining philosophy of Juvenile justice as the history of child welfare in Nigeria became very interesting and of concern for all because it touches every of human life; the government, the homes/family and the stake holders. The various issues that will be examined in this unit are geared to introduce you to the meaning of juvenile justice, background on juvenile justice administration in Nigeria (the history of child welfare), and juvenile experiences; as well as the role of community and family. OBJECTIVES At the end of this unit, you should be able to:
- define or state clearly the meaning/Definition of Juvenile justice
- understand the history of child welfare in Nigeria (the background, the Nigeria experience of child welfare)
- explain the role of community and family
- and lastly, have a thorough understanding of the whole unit; that is, the underlining philosophy of juvenile justice.
Definition of the Administration of Juvenile Justice From the historical colonial linkage to the British legal system through the current political dispensation and from the Nigerian context, a juvenile is defined as a child or young person under 17 or 18 years depending on the state where the offence is committed. The concept of the age of criminal responsibility should be harmonised with a view of adopting a single age of less than 18 years. Juvenile Justice is recognized as including not only those in conflict with the law, but also juveniles who require care and protection. Report on the Northern Zonal consultative conference on juvenile justice administration (Kano; 2002), despite Nigeria being a signatory to the international instruments relating to Juvenile justice Administration, the juvenile justice sector remains a weak area with little or no priority from the judicial system. Furthermore, the dearth of juvenile courts and often poor legal representation during prosecution results in many children being kept in custody with adults. Participants noted that in the Nigerian Justice system, the definition of the age of criminal responsibility contained in section 50 of the penal code of Northern Nigeria is ineffectual because of the operation of the various children and persons legislations. A strong emphasis was placed on the significant input required by probation/social welfare services by legislation with regards to the best interest of the child. To date, there are very limited Juvenile Custodial institutions and several juvenile offenders are confined in remand homes, approved institutions, borstal or in prison. However, under the Sharia penal code and Criminal procedure code operative in some Northern states, especially Zamfara, juvenile offenders still enjoy some protection under the law. Generally at the state levels, most residential correctional youth institutions serve as punitive labour camps where children become hardened when they come out. Other issues raised by the participants and are worthy of note included:
- Government to provide adequate funds for young offenders to have improved access to skill acquisition and recreational facilities.
- Sensitization and appeals to public and stakeholders to help in creating more youth friendly programmes to reduce the number of juvenile cases for courts.
- The issue of incompatibility between age of taklif or puberty under the sharia penal code and the provision of eighteen years of age under the CRC was resolved. Taklif under the sharia is
flexible and its interpretation is expected to take into consideration a number of factors, such as scientific, environmental and nutritional factors.
- This flexibility should be an advantage, but becomes problematic where judges are conservative in interpretation and application of the law for the purpose of justice.
- Need for continuing judicial education for sharia court judges and their personnel to update them on the challenges in juvenile justice administration. Scope of the Administration of Juvenile Justice in Nigeria Juvenile Justice Administration is the system of justice world over which is applicable to juveniles and which is different from the justice system applicable to adults. However, this concept paper acknowledges the complexity of juvenile administration, which cannot be limited to situations, where conflict with the criminal law has arisen. It covers many spheres including delinquency prevention, law enforcement, adjudication and rehabilitation. Children can come into contact with the juvenile justice system for many different reasons, including those requiring the pronouncement of protection/welfare measures in respect of juveniles who commit status offences such as truancy, vagrancy or being beyond parental control. Therefore, some situations faced by children placed in residential facilities occur because: a) They are physically, mentally or emotionally ill or handicapped. b) They are abused, neglected, exploited or abandoned c) They have no family or have been separated from their family. They should not be covered by the same standards applicable in cases where the juvenile is in conflict with the law. To avoid further confusion, a differentiated procedure from the judicial system or response in place for children in conflict with the law as well as access to different residential facilities should apply to protect them from arbitrary treatment and placement. To this end, the national conference, (Abuja 2002), proposed the followings with the view to facilitate reform and changes in the administration of juvenile justice in Nigeria: These recommendations have covered the following areas: i Prevention The right of children should be made known to children, parents and all other actors through the media and other accepted methods of communication:
- Education should be brought into effects as a transforming agent for the child;
- Diversion options should take into account the needs of the victim and the cost of his/her prejudice and facilitate mediation between the parties interested where the victim’s request appears not to be proportional with his/her injury, loss or damage;
- Training and guidelines package for diversion schemes should be developed.
- Stakeholders should receive training and enjoy the assistance of referring to written guidelines on diversion schemes;
- Available structures for supervising diversion programmes should be adequately resourced. iv. Juvenile Court 1. Court procedures should be less formal when dealing with juveniles;
- Juveniles courts should be established in separate building if possible;
- Where there is no separated building, magistrates should conduct the proceedings in camera;
- Magistrates selected to handle cases involving juveniles should be trained and retrained;
- juveniles and their parents should be supported throughout the proceedings by social workers and psychologists etc;
- Legal aid should be provided to juveniles;
- Courts should consider in a more systematic manner the right to bail in juvenile cases;
- Peer juries or youth courts should be established as appropriate;
- Death sentence and life imprisonment should not be imposed on juvenile offenders;
- Corporal punishment should be eliminated and expunged from our legislative instruments. v. Alternative Sentencing 1. Non-custodial sentencing should be used in cases, except where it is not suitable;
- Alternatives, in particular community services, life skills programmes, and victim-offender mediation and family group conferences should be developed.
- Appropriate alternatives should be developed for girls vi. Institutions 1. Children should not be held in prison for minor offences, except for serious cases;
- The relevant juvenile justice agencies should pay unannounced visits to prisons and cells to monitor their compliance with international standards and norms;
- Adequate resources for the approved schools (including vocational education and training) should be provided;
- Privatization of juvenile institutions should be considered as a way of improving efficiency and management of juvenile detention;
- Law enforcement agents should not always wear uniforms when dealing with juveniles;
- All personnel concerned with juveniles should receive specialized training. vii. Reintegration 1. The media should be sensitized and trained on the rights of the child and on the applicable standards and laws related to cases involving children in conflict with law such as prohibition of the release of the name of the identity, and the picture of the child;
- Names of the institutions or facilities for juveniles should be more child friendly;
- Resettlement programmes (such as material or start-up packages) should be made available to juveniles upon their release;
The History of Child welfare in Nigeria (Background of Juvenile Justice Administration in Nigeria) As earlier pointed out Juvenile Justice System in Nigeria is weak and has been given very little priority, despite the fact that the country is a signatory to the major international instruments relevant to the administration of Juvenile Justice. As agreed; by the participants (Abuja Report 2002), the reason for this is the history of the penal system of Nigeria. Background of Juvenile Justice Administration in Nigeria (Child Welfare) The current system of juvenile justice cannot be understood without reference to Nigeria’s justice administration systems which were entrenched by the British, Nigeria’s colonial master “whose system operates with an oppressive penal institutions whose aim was to deter and punish offenders, as their disobedience to law was deemed detrimental to colonial interest. ”Reformation of such offenders, even if they were juveniles, was the least of the problem of the colonial administration. With political independence and with democracy anchored on freedom and human right in place, the need has arisen, perhaps more than ever before, for Nigeria to “radically review its entire juvenile Justice system of administration” The concept of juvenile justice is being “anchored on the recognition of the rights of the child to survival, growth, protection and effective participation in the society”. (Abuja report 2000). Its guiding philosophy in both traditional and modern societies has been corrective, preventive and advocacy oriented. However, the advent of colonialism and the growth of urbanization created new social problems such as over population resulting from rural-urban drift. This in turn led to an unconscious creation of an urban underclass populace that increasingly began to neglect the welfare of their offspring. As a result, these urban poor children resorted to violence, crime and other youthful misdeeds. In response, the colonial government and Christian Missionary organizations set up “approved schools” and remand homes to cater for delinquent juveniles. But the growth in the number of young persons getting involved in crimes continued unabated, to the extent that the corrective institutions set up to reform these young offenders are now over-stretched with only minimal care available. Which is why a critical examination of the existing framework with a view to addressing areas of shortcomings in it as well as embarking on a pragmatic programme of action to achieve desired changes has become imperative?
The Nigerian Experience The first technical session of the Conference focused on juvenile justice issues in Nigeria. (Abuja Report; 2002). It was strongly noted that since the ratification of the Convention on the Rights of the Child (CRC) and the Africa Charter on the Rights; and the Welfare of the Child in Nigeria, domestication of these international treaties has not been completed. For over a decade, the Children’s Bill has passed through several political handling and it is yet to see the light of the day. The main law, the Nigeria’s Children and Young Persons Act (CYPL) adopted in 1943, stated as its purpose “to make provision for the welfare of the young and the treatment of young offenders and for the establishment of juvenile court”. It deals with children in conflict with the law, children in need of care and protection and children considered beyond parental control. According to this law, Nigeria does not have a jointly nationally defined age of criminal responsibility but has adopted age demarcations under which responsibility may or may not be assigned depending on the offence and the circumstances. A child below the age of 7 years is not criminally responsible for any act or omission. A child less than 12 will not normally be held responsible for his or her actions unless it can be proved that at the time of committing the offence the child had the capacity to know he or she ought not to do so. A child below the age of 12 years is incapable of committing an offence involving carnal knowledge. However, a child above 12 years is fully responsible for his or her actions but must be tried in a juvenile court until the age of 18. Therefore, incarceration is not an option available to the juvenile court in sentencing a child offender below the age of 13yrs. However, the reality offers a different picture: children are detained in prison and police detention centers often with adults for minor offences that include being beyond parental control; most of the juveniles courts use existing courts structures for their trials; many options of the diversionary measures enshrined in the law are not utilized; conditions of detention including institutions fall short of conformity with the principles enshrined in the law. Overview of the Juvenile Justice Administration Research Report The findings of the juvenile administration research undertaken by the Constitutional Rights Project were complemented by the attestation made by an ex young inmate. In his remarks, there was clear evidence that major gaps exists in Nigeria between acceptance of standards and their implementation, enforcement and respect of laws. The main problems highlighted in the research report are:
- an inappropriate legal framework, that does not meet the standards of international law;
- non-implementation of legislation that is appropriate and beneficial;
There is also a need for more juvenile centers to be built to decongest existing ones. Where possible, existing institutions should be renovated and their facilities upgraded to make them more habitable; 11. With regard to capacity building, it was found that there is an overwhelming need for training of handlers of juvenile offenders on the rights of the child and in the treatment of juvenile cases from arrest to discharge; 12. While the committal of children should be discouraged, more personnel should be recruited especially in vocational and skills-acquisition programmes in order to achieve the objective of reformation and rehabilitation of juvenile offenders; 13. In as much as the research report also indicated the need for institutional reforms, accordingly, NGO’s, community-based organizations (CBOs) religious organizations and philanthropists should be: a) Involved in funding institutional efforts to meet international standards and protect the rights of children; and b) They should also be involved in the provision of educational and vocational programmes, as well as in the advocacy for non-custodial programmes for the treatment of juvenile offenders. Similarly, the public should be enlightened, educated and reoriented on the need to avoid stigmatization and alienation of juvenile offenders. Convention on the Right of the Child Most provisions in the rights of the child are very relevant to juvenile justice, in the sense that respect for rights such as the right to education, to protection against abuse and exploitation, the right to freedom, adequate information, adequate standard Of living and appropriate moral guidance helps keep children from becoming involved in crime. It leads to the conclusion that any meaningful attempt to prevent juvenile crime must involve promoting and protecting all rights for children. The main thrust of the Convention is to support the role of the parents or the family as the primary caregivers and to prevent institutionalization whenever possible. The most relevant provisions of the CRC on the administration of juvenile justice are included in articles 37, 39 and 40. Articles 37 specifically protect children deprived of their liberty. No child shall be deprived of liberty unlawfully or arbitrarily. Accordingly, this article adds that arrest, detention or imprisonment “shall be used only as a measure of last resort and for the shortest appropriate period of time”. This right applies regardless of the reason for the deprivation, that is, whether the child is detained for investigation, awaiting trial, convicted or placed for purpose of care and protection. In addition article 37 prohibits the torture or other cruel treatment or punishment of
any child, capital punishment or life imprisonment without possibility of release of persons below eighteen years of age. Article 40 lists rights, which belong to children “alleged as, accused of, or recognized as having infringed the penal law”. It applies to all phases of the juvenile justice process from the suspect who is being questioned to the child who has been sentenced, including children waiting for trial and those who are on trial. It relates to matters such as the minimum procedural safeguards to be guaranteed at all stages of penal proceedings (due process rights); the establishment of laws, procedures, authorities and institutions specifically application to children alleged as, accused of, or recognized as having infringed the penal law, including a minimum age for criminal responsibility, diversion and the availability of alternatives to institutional care (superior order, counseling, probation, foster care, education for example). The third article closely related to juvenile justice is article 39, which recognizes the right to rehabilitation and social reintegration of children victims of neglect, exploitation and abuse. The United Nations Standard minimum rules for the administration of juvenile justice (Beijing Rules) The Beijing Rules was the first international comprehensive statement to focus specifically on juvenile justice administration. It aimed at developing a juvenile justice system that should be fair and humane, emphasizing the well-being and rehabilitation of the juveniles. It ensures that the reaction of the authorities is proportionate to the circumstances of the offender as well as the offence. Although it is not a treaty per se, many of its provisions have become binding on states by virtue of their incorporation in the Convention on the Rights of the Child. The rules encourage:
- The use of diversion from formal hearing to appropriate community programmes;
- Proceedings to be conducted in the best interests of the juvenile by respecting the right to due process and the requested procedural safeguards;
- Careful consideration before depriving a juvenile of liberty;
- Specialized training for all personnel dealing with juvenile cases;
- The consideration of release both on apprehension and at the earliest possible occasion thereafter.
International Perspectives and Experiences of Other Countries Country papers from South Africa, Namibia, Iran along with PRI and UNICEF global experience provides a very good base for exchange of ideas on international perspectives. UNICEF’s Perspective Addressing the problems of residential care and deprivation of liberty for children in conflict with the law, UNICEF highlighted the over-reliance world wide on deprivation of liberty as a punishment and as educational or “welfare/protection measure” of children who come into conflict with the law Whenever possible, children should be kept out of the justice system and that custody or institutionalization should be used as a last resort and for the shortest possible time in line with the international applicable standards. UNICEF is committed, in the framework of its protection mandate, to develop a three-pronged basic approach by:
- Advocating for, and facilitating, less resource to deprivation of liberty/less use of custodial sentences by notably promoting alternatives to deprivation response to juvenile offenders.
- Promoting the development of appropriate “diversion” schemes that enable juveniles to be dealt with by bodies other than the formal court system, whenever possible, and that do not involve custodial outcomes;
- Promoting responses to offenders based on restorative justice, both through diversion schemes and through the courts. South Africa Facts were presented from the United Nations Child Justice Project, a technical project to the government of South Africa for the implementation of a new child justice system. This project seeks to assist the Government and the non-governmental sector in the development of adequate responses to young offenders by notably enhancing capacity and use of programmes for diversion and appropriate sentencing, increasing protections of young people deprived of their liberty; increasing capacity with respect to probation services.. the government is also assisted in establishing a monitoring structure and procedure for the child justice system. The Child Justice Bill, still under approval, specifically takes into account these approaches and has been developed within the realities of the national contexts, building on existing strengths and
processes that worked. This Bill provides a new system which places a great deal of emphasis on protecting children from detention by handling cases within the first 48 hours after the child is apprehended, and encouraging alternatives to arrest and imprisonment, assessment and preliminary inquiry, diversion options and a child justice court. Namibia A Children’s Act Workshop in 1994 first highlighted the absence of an appropriate juvenile justice system in Namibia. As a result, the Juvenile Justice Forum was established to investigate alternative to the retributive justice model in terms of which children (people under 18) were tried and sentenced to imprisonment, usually for petty crimes. The Role of Community and the Family in Juvenile Administration According to Idris and Ejikeme {2005}, “young people aged 10-19, account for a major proportion of Nigeria’s population, making them a force for profound change. Majority of those that exhibit juvenile delinquency fall within this age strata. Urgent measures are needed to curb the incidence of delinquency to save the future of these youth. They need the support of their families, communities and the nation, if we are to prevent the perils of the future. Introduction The role of the community in the correction of juvenile delinquency cannot be overemphasized in the process of addressing this menace. Since all of us live in a community, then it is obvious that there cannot be a far-reaching panacea to the problems of juvenile delinquency without recourse to the community. All facets of the community are involved in this endeavor. The family, the clan, the village, the local government, state government, the federal government, religious bodies, cultural association, and the non-governmental organization etc, are to be actively involved. The problem of juvenile delinquency stares all of us in the face. It is a problem that is assuming alarming dimension in recent times. The destruction that this social problem can bring to the society is better imagined than experienced. There is no facet of the society that is left out. The rural and urban areas, the poor and the rich are equally affected. What is juvenile delinquency? According to the Oxford Advance Learners Dictionary of Current English, delinquency is defined as “Crime, usually not of a serious kind especially as committed by young people”. The Chambers Dictionary sees the delinquent as “an offender especially a young criminal, a person lacking in moral and social sense without showing impairment of intellect”.
Drug Abuse: The youth are found to be involved in taking dangerous drugs such as marijuana, heroine, cocaine, opium and barbiturates. This has affected many in very adverse ways. Fighting and Brutality: This is perhaps one of the commonest delinquent behaviors. Fighting whether among peers on the street or school has been a perpetual problem of our youth. Prostitution: This is commonly associated with girls. There had been media reports of girls aged between fourteen and seventeen engaged in commercial sex activities, (UNICEF: 1997). Cultism: This is a delinquent behaviour ravaging our educational system, particularly the tertiary education sector. Sometimes their activities are seen in secondary schools. Incorrigibility: It is a delinquent behaviour in which children refuse to be corrected in extreme disobedience to parents. Running from Home: Abscondment from home is a serious problem in our society today. There has been a series of media reports of youth abandoning their homes. Juvenile delinquency is a social problem that is impossible to calculate. A research shows that more than 90% of all American juveniles have committed acts which could be adjudged as delinquent. In Nigeria the extent of juvenile delinquency may not be as high as in the U.S.A. but definitely it is a major problem today. Most incidence of juvenile delinquency has been found among youth between 15 - 17years. Years back, juvenile delinquency had been seen as a male activity. Today the females are not left out. In fact, the gap is too narrow. Delinquency is even found among individuals of all income, education and people of all status in the society. Initially, it constituted a greater part of delinquent urban problems, but today, its incidence is increasing in the rural areas. Causes of Delinquency There are so many causes of delinquency, some of these are itemized below: (i) Biological Theory- The biological theory was the first development to explain delinquency with body shape, gland dysfunction, heredity and physical malfunctions as possible causes. This approach has been criticized for not giving convincing arguments to prove its points. (ii) Psychological Theory- This focuses on environments that govern behaviour. According to Sigmund Freud, the conflict that occurs in human mind between human drives and social control is a major cause. Problems experienced during childhood may determine how the individual resolves conflict in the mind and act in a delinquent manner. Behaviouralists stress the reward systems as a cause. If delinquent acts are rewarded, the behaviour must continue, but if punished, they will avoid it, Sheldon (1980). (iii)Sociological Theories:- The sociologists argue that social disorganization is rapidly changing areas in major
explanations of delinquent behaviour. Where social institutions breakdown social controls are weakened. In the absence of strong social controls immature youths form spontaneous groups. They involve in all manners of activities legal or illegal to satisfy unfulfilled needs, Norbert (1978). Problems of the social structure, when individuals are unable to reach through legitimate means the success goals define by society there is pressure to engage in illegitimate behaviour perceived to provide success, wealth or recognition. Other causes included (a) Social background, (b) Bad company, (c) Broken homes, (d) Culture and societal approvals, (e) Unemployment, (f) Urbanization; community value is lost in this process, (g) Industrialization, particularly as it affects the incursion of foreign films, communication and (h) Parental over- indulgence or negligence. Correction of Juvenile Delinquency The community involvement- The resources of the community must be mobilized to accomplish the three goals of prevention, treatment and control of juvenile delinquency. Why there had been increase in cases of juvenile delinquency in recent years is not unconnected with the breakdown of African Community values. This is an examination of diverse factors associated with juvenile delinquency. These factors contribute in perpetuating the problem of juvenile delinquency. A) Influence of Contacts with delinquents: The sociological explanation concerning the recruitment and initiation of most juvenile into the delinquent sub-culture focused upon the hypothesis of differential association which asserts that delinquent behaviour is learned. Sutherland (1955) from a group of offenders tries to ascertain the extent to which intimate social contacts with delinquents lead most juveniles to learn and participate in delinquent activities. B) Delinquent Peer Influence: this is the extent to which association with a group of friends leads to attachment and participation in most activities of the group. On the other hand, inadequate or weak supervision of juveniles to delinquency. Effective supervision of juveniles is regarded as the extent to which parents are aware of the activities of their children. C) Influence of The School: The school system dispenses the skills and values needed in the contemporary society a major arena in which the young can demonstrate competence and gain status. The school can also be viewed as an arena in which strain and anti social behaviour occur.
