- JUDICIAL ATTITUDE
- JUVENILE DELIAQUENCIES
- REFRACTORY JUVENILE
- STANDARD MINIMUM RULES
- ADJUDICATION AND DISPOSITION
Judicial Attitude
Judicial attitude refers to the approach, demeanor, and mindset that judges adopt while presiding over cases. This attitude significantly impacts the delivery of justice, influencing how laws are interpreted and applied. In Nigeria, judicial attitudes can vary widely based on personal philosophies, precedents, and socio-political contexts. See the case of A.G. Lagos State v. A.G. Federation (2004) 18 NWLR (Pt. 904) 1 SC where the court demonstrates the judiciary's attitude towards federalism and the balance of powers between state and federal governments and section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) which outlines the powers of the judiciary, which is crucial in understanding the framework within which judicial attitudes operate.
Juvenile Delinquency
Juvenile delinquency refers to the participation of minors (typically those under 18) in illegal or anti-social activities. It is a significant social issue, as it can lead to long-term criminal behavior if not addressed properly. In Nigeria, juvenile justice is governed by various laws aimed at rehabilitating rather than punishing young offenders. See the Children and Young Persons Act (CYPA) which provides the framework for handling juvenile offenders, emphasizing rehabilitation over punishment and the case of Olatunbosun v. State (2009) LPELR-8444(CA) where the court underscores the importance of considering the age of the offender and the potential for rehabilitation. See also the Child Rights Act, 2003 which aligns with international standards, emphasizing the rights and welfare of children, including juvenile offenders.
Refractory Juvenile
A refractory juvenile is a young person who persistently engages in anti-social or criminal behavior despite interventions aimed at rehabilitation. Addressing the needs of refractory juveniles requires specialized programs and judicial approaches focused on long-term behavior modification. See sections 1 and 2 of the Children and Young Persons Act (CYPA), which deals with the treatment and rehabilitation of juvenile offenders, including those who are refractory and the case of R v. L (1959) 4 FSC 105 where the court discusses the persistent offending behavior of a juvenile and the necessity for a more structured rehabilitation plan.
Standard Minimum Rules
The Standard Minimum Rules refer to internationally recognized guidelines for the treatment of prisoners, including juveniles. In Nigeria, these rules are incorporated into the national legal framework to ensure humane treatment and rehabilitation of offenders. See the Prison Act, 1972 (revised) which provides the guidelines for the treatment of prisoners, ensuring compliance with international standards, including those applicable to juveniles and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), Although not a Nigerian statute, these rules are influential in shaping national policies and laws regarding juvenile justice.
Adjudication and Disposition
Adjudication refers to the legal process of resolving a dispute or deciding a case. In the context of juvenile justice, adjudication involves determining whether a juvenile is guilty of the alleged offense. Disposition, on the other hand, refers to the sentencing or other legal consequences following adjudication. See sections 3 and 4 of the Children and Young Persons Act (CYPA), which outlines the procedures for adjudicating juvenile cases and the various dispositions available and the case of Modupe v. State (1988) NWLR (Pt. 87) 130 where the court illustrates the adjudication process for juveniles and the importance of fair trial standards. See also sections 204-206 of the Child Rights Act, 2003, which detailed the disposition options available for juvenile offenders, emphasizing rehabilitation and reintegration.
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