Smart E. Otu , Babatunde M. Idowu , Gilbert Ordu , Benedictta Okezie , Gilbert Aro
{"title":"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","authors":"Smart E. Otu , Babatunde M. Idowu , Gilbert Ordu , Benedictta Okezie , Gilbert Aro","doi":"10.1016/j.ijlcj.2024.100663","DOIUrl":null,"url":null,"abstract":"<div><p>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.</p></div>","PeriodicalId":46026,"journal":{"name":"International Journal of Law Crime and Justice","volume":"77 ","pages":"Article 100663"},"PeriodicalIF":1.0000,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Revisiting packer’s models: Examining Nigeria's criminal justice system in the COVID-19 and post-COVID-19 era\",\"authors\":\"Smart E. Otu , Babatunde M. Idowu , Gilbert Ordu , Benedictta Okezie , Gilbert Aro\",\"doi\":\"10.1016/j.ijlcj.2024.100663\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>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.</p></div>\",\"PeriodicalId\":46026,\"journal\":{\"name\":\"International Journal of Law Crime and Justice\",\"volume\":\"77 \",\"pages\":\"Article 100663\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2024-03-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Law Crime and Justice\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S1756061624000156\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Law Crime and Justice","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S1756061624000156","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
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.
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.