RESEARCH BACK UP

INTRODUCTION In this unit, we will examine the problems associated with the proceeds of crime, is it proper to merely sentence the offender to a term of imprisonment without going further to deal with the proceeds of the crime? Where the object of crime had been to deprive the owner of his or her property, is it proper to allow the offender to go to a term of imprisonment only without further making orders as to the proper disposal of the proceeds of the crime? The innocent victim of the crime may quite truelly embark on a civil action to recover his property or money from the offender; but this is a long wounded procedure, and the criminal court ought to use its powers under the law to not only order compensation for the victim of crime but also restitution of property where it would still be traced or recovered. The court also has power to confiscate property especially those used by the offender in the perpetrated of the crime. to the rightful owner, and also order compensation or d...

INTRODUCTION Upon conviction the court has wide discretionary powers to impose fine on offender in lieu of imprisonment or coupled with imprisonment. The court may also order compensation for the victim and or restitution of the property to the victim of the offence while these orders are governed by differing statutory provisions and, to some extent by varying principles, they are generally subject (with the exception of restitution orders) to the principle that in imposing them the sertencer should have regard to the means of the offender, in respect of both the individual orders, and their total effect where two or more are combined. None custodial sentences especially fines are quite common and about 90% of the sentence imposed in the criminal courts adopt this made of sentence. The advantages far outweigh the use of custodial sentence, apart from the corrective advantage, it certainly reduce congestion of the prisons, and is likely to serve greater purpose in the correction and t...

INTRODUCTION Although most prison sentences are imposed either routinely or because they are regarded as the offenders deserts, the sentences sometimes has hopes that incarceration will have a beneficial effect. On the other side of the coin, are the unwanted effects of imprisonment, the prison officials may make efforts to reduce the unwanted foreseeable but have mostly permanent impact on the life of the prisoner.  Individual Deterrence The usual hope is that the experience of imprisonment will be so unpleasant a memory that it will be on effective individual deterrent. Prima faire, this seems quite likely. For most offenders their first prison experience is humiliating, frustrating, depressing and boring; and while they may learn how to cope with it psychologically they nevertheless fear a repetition of it. It is only hardened criminals that will not care about it. It seems that only those who have just experienced their first connection would seem to have in some way encouraged...

INTRODUCTION A term of imprisonment is only one of the punishments that is imposed on an offender and generally more offenders do not actually serve prison terms wherever there is an options of fine. But because of the stigmatizing effect of prison on any body who had gone through the experience which is not that palatable. In this unit we shall examine the main purposes of imprisonment. Remand Imprisonment is used for Nine Major Purposes  To hold people until they can be tried, sentenced or taken to the place to which they have been sentenced; or until they can be extradited or deported. This is a function of performs with low escape mate, but with the infliction of service inconvenience and hardship on the people of whom some are eventually acquitted. In most cases, the courts refuse to grant bail or fix very stringent conditions that will entail the accused being detained in prison unnecessary, and eventually released or acquitted. Some are imprisoned to a term of years, and app...

INTRODUCTION Policemen have probably been the targets of negative responses from citizens from nearly the beginning of organized law enforcement. In Nigeria, the constitution guarantees individual freedom, therefore in the eyes of many, the less the police intrude into their personal affairs, the better people have been antagonistic to the police for various justifiable reasons, may have attributed police functions to oppression of the poor by the rich with active connivance of the police. The use of the police by the strong to change the course of justice against the weak is rampant. The police are too ready to be used for various illegal or questionable enforcement procedures. The use of the police by repressive governments especially during the military era, further shows the negative use of police powers.  The law as we have seen above specifies for main responsibilities of the police, these are: - Prevention and detection of crime.  the preservation of law and order....

INTRODUCTION In almost all societies in the world today we have one form or the other of ensuring that the societal rules and laws are obeyed and sanctions are enforced. The group of people engage in this activity on behalf of the society is known as the police. The modern police have emerged from these groups many of which are vigilantes or volunteers, but have emerged as the primary means for promoting and maintaining the social order. Formalized police agencies have grown rapidly in size and number from the volunteer groups in the 1800s. The London metropolitan police force was created in 1829, while the professional police force in the United States originated in New York City in 1844. In this unit, we shall examine the historical development of the Nigerian police, and the study of traditional system of policing; and this will enable us to understand more deeply the workings and legal status of the modern Nigerian police.  Origin of the Nigerian Police In: Traditional Societie...

INTRODUCTION The Nigeria Police Force has come a long way from the ‘Military Police’ of the British Police to the sophisticated Police of today employing a large number of personnel with special branches and qualifications for the office in this unit we shall examine the law establishing the Nigeria Police Force, the organization and levels of command. Unlike united States of America where the police is divided into local, state and federal police, here in Nigeria there is only one police force for the whole country though there are state commands, but only controlled and mobilized centrally. We shall examine the structure and organization of the Nigerian Police under this Unit with a view to having a better understanding of their operational activities and limits of their powers. The Nigeria Police Council The Nigeria Police Council was established under the constitution of the Federal Republic of Nigeria 1999 as a Federal Executive body by virtue of the 3rd schedule, part 1 and S27 a...

INTRODUCTION The Nigerian Police Force constitutionally, is the only police force that may be established for the country, and it has vast responsibilities for maintenance of public order and safety of the citizens. Its duties also includes prevention of crime, investigation of crimes, arrest of offenders, and prosecution of offenders. In this unit we will examine these powers and responsibilities. Power of Arrest The Police Officer is conferred with powers to arrest any person suspected to be committing, committed or about to commit a crime. The police officer in making an arrest has the power to touch or confine the body of the person to be arrested, unless there be a submission to the custody of the police by word or action. Unless the person actually show intention by action or any overt act to resist arrest or escape from arrest, the police officer need not touch or use physical force in effecting arrest. The person arrested shall not be hand cuffed, or otherwise bound or be subj...

INTRODUCTION It is of great importance to closely examine the court system with a view to know exactly the constitutional and other legal provisions of these courts. Here we must learn that courts differ both in structure, purpose, jurisdiction, personnel, and powers. Court classifications are generally made along these lines. Whether they are inferior or superior, or whether they are courts of Record or not. You would have noticed that lawyers do wear only suits in some courts and wear wig and gowns in others. In this unit we shall examine the class of courts better known as inferior courts.  Inferior Courts There are four types of courts that could be regarded in Nigeria as inferior courts, while two, though strictly could not be regarded as a court but play important role in the administration of Justice in Nigeria. We may hasten to explain from the onset, in Nigeria, we have superior and inferior courts of Record. Court of Record simply means courts that record its judicial act...

 INTRODUCTION The superior courts of record in Nigeria could be classified into Federal and State courts. The Federal courts consist of the following: The Supreme Court of Nigeria  The Court of Appeal  The Federal High Court  The High Court of Federal Capital Territory  The Sharia Court of Appeal of Federal Capital Territory Abuja.  The state courts consist of the following: The High Court of a State  Customary Court of Appeal of a State.  In this unit we shall examine the courts in the hierarchy of courts in Nigeria starting from the highest. SUPREME COURT OF NIGERIA The law governing the Supreme Court derives from the following sources: The Constitution of the Federal Republic of Nigeria 1999. Which establishes the court, and prescribes the bulk of its jurisdiction and the method for the appointment and dismissal of judges? The Supreme Court Act.  The Supreme Court rules made by the court.  COMPOSITION AND ORGANIZATION OF THE COURT Th...