重新审视帕克模型:审查尼日利亚在 COVID-19 和后 COVID-19 时代的刑事司法系统

IF 1 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY International Journal of Law Crime and Justice Pub Date : 2024-03-14 DOI:10.1016/j.ijlcj.2024.100663
Smart E. Otu , Babatunde M. Idowu , Gilbert Ordu , Benedictta Okezie , Gilbert Aro
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引用次数: 0

摘要

本回顾性研究以两种相互竞争的刑事司法程序模式为背景,审查了尼日利亚在 COVID-19 时代期间和之后的刑事司法程序管理情况:犯罪控制和正当程序。COVID-19 的爆发促使包括尼日利亚在内的许多国家加强或改变其刑事司法实践,以反映 COVID-19 的现实。对罪犯的逮捕、拘留和起诉显然只取决于严重程度和社会的整体利益,而不是像以前那样,以 "莫须有的罪名 "为前提,以刑事司法系统操作者的意志和任性为依据。我们在此提出的主要问题是:在大流行病期间和之后,COVID-19 在多大程度上调解和影响了尼日利亚的刑事司法管理?我们采用了定性描述-叙事方法来综合各种数据和资料来源(文献综述、媒体报道、反思数据和目击者陈述),以说明在 COVID-19 期间和 COVID-19 之后尼日利亚刑事司法实践中发生的情况。两种占主导地位的传统意识形态/模式(犯罪控制模式和正当程序模式),以及一种不太受青睐的模式(惩罚性模式和非惩罚性受害者权利模式),在某一点上相互交织,从而确定了尼日利亚刑事司法系统的特征,其中犯罪控制模式的影响大于其他模式。我们的分析结果表明,在危机期间,国家和官员对其关键任务之一的反应会发生摇摆,并根据情况从轻微到严重或从严重到轻微的范式转变。虽然这三种模式在 COVID-19 前和 COVID-19 后的刑事司法过程中都有所体现,但犯罪控制模式仍然是一个连续体,是指导刑事司法系统和过程运作的主导思想。进一步的含义是,必须采取步骤,朝着受害者权利的非惩罚模式的方向改进该系统,该模式强调预防犯罪和恢复性司法,将其作为尼日利亚刑事司法系统的未来价值(意识形态)。
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Revisiting packer’s models: Examining Nigeria's criminal justice system in the COVID-19 and post-COVID-19 era

This review study examines the administration of criminal justice process during and after COVID-19 era in Nigeria against the backdrop of two competing criminal justice process models: Crime control and Due Process. The outbreak of COVID-19 has pushed many countries, including Nigeria, to either reinforced or altered their criminal justice practices to reflect the reality of COVID-19. Arrest, detention and prosecution of offenders became clearly predicated only on the degree of seriousness and the overall interest of the society as against the previous practice that was predicated on ‘trump up charges’ and at the will and caprices of the operators of criminal justice system. The main question we ask here is: to what extent has COVID-19 mediated and impacted on the administration of criminal justice in Nigeria during and after the pandemic? Qualitative descriptive-narrative approach was adopted to synthesise the various data and sources (review of literature, reports from the media, reflective data and eye witness accounts) to account for what happened both during COVID-19 and post COVID-19 in the practice of criminal justice in Nigeria. Two dominant traditional ideologies/models (Crime Control and Due Process), and the less favoured one (punitive and nonpunitive victims' right models), interfaced at one point or the other and thus defined the character of criminal justice system in Nigeria 19 with crime control model however showing greater effects than others. The implication of our analysis is that during crisis, state and official's response to one of her crucial mandate oscillates and takes a paradigm shift form either mild to critical or severe as the case may be. The three models manifested in pre and COVID-19 criminal justice process eras though, crime control model remains a continuum and the dominant ideology which guides the operation of criminal justice system and process. Further implication is the imperative to improve the system by taking steps towards the direction of the non-punitive model of victims' rights which stresses crime prevention and restorative justice as the future value (ideology) for Nigerian criminal justice system.

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来源期刊
CiteScore
2.70
自引率
0.00%
发文量
25
审稿时长
47 days
期刊介绍: The International Journal of Law, Crime and Justice is an international and fully peer reviewed journal which welcomes high quality, theoretically informed papers on a wide range of fields linked to criminological research and analysis. It invites submissions relating to: Studies of crime and interpretations of forms and dimensions of criminality; Analyses of criminological debates and contested theoretical frameworks of criminological analysis; Research and analysis of criminal justice and penal policy and practices; Research and analysis of policing policies and policing forms and practices. We particularly welcome submissions relating to more recent and emerging areas of criminological enquiry including cyber-enabled crime, fraud-related crime, terrorism and hate crime.
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