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The book examined the concept of plea bargaining under the Nigeria criminal justice system. Plea begins as practiced today in Nigeria was not known or provided for in any Nigeria statues before the Economic and Financial crimes commission was established through the provision of section 1 of the Economic and Financial crimes commission (Establishment) Acts, 2004. Plea bargain was only seen for the first time after the establishment of the commission in 2004 under the administration of Chief Olusegun Obasenjo as the president of Nigeria. The application of plea bargain by the Economic and Financial Crime commission is usually based on the provision of section 14(2) of the enabling law that gives the Commission power to compound any offence punishable under the act of accepting the sum of money.
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
Bringing together established and emerging scholars from around the world, the Research Handbook on Plea Bargaining and Criminal Justice examines the practice of plea bargaining, through which guilty pleas are secured and trials are avoided.
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
This practical new text encourages students to develop a deeper understanding of the current context and workings of the criminal justice system, and is of particular use for students and for practitioners in the criminal justice arena.
The book sets out in-depth studies of consensual case dispositions in the UK, examining how plea bargaining has developed and spread in England and Wales. It also goes on to discusses in detail the problems that this practise poses for the rule of law by avoiding procedural safe-guards. The book draws on empirical research in its examination of the absence of informal settlements in the former GDR, offering a unique insight into criminal procedure in a socialist legal system that has been little studied.
'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.
Despite being Africa’s largest economy and most populous country, with abundant natural resources, Nigeria still faces substantial development challenges. This book argues that corruption lies at the heart of many of the country’s problems. Drawing on a range of different disciplinary perspectives, this volume explores the relationship between corruption and development, investigating the causes, contexts, and consequences of corruption, and the pathways for addressing it. As well as covering the wider background and theory surrounding corruption in the country, the book will investigate different sectors: the media, the judiciary, the health sector, industry, the criminal justice system, and of course politics and governance. The book concludes by considering attitudes and perceptions to corruption within Nigeria, current approaches to countering corruption, and future pathways to addressing the problem. This book’s critical investigation of the links between corruption and development in Nigeria will be of interest to researchers of corruption, development and African Studies, as well as to policy makers, practitioners, and local stakeholders.
Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.