Desempeño profesional del docente (análisis global)

CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content

3.1 Policy and Comp ensation

3.2 Provisions Relating to Compe nsation to victims of cri me 3.3 Construction of the compensation provisions

3.4 Enforcement of the Payme nt of Compe nsation 3.5 Compensation to victims of crime at Customary Law

3.6 Rationale Basis for the Payment of Compensation to Victims of crime.

4.0 Conclusion 5.0 Summary

6.0 Tutor-marked Assi gnments 7.0 References / Further Readi ngs

1.0 INTRODUCTION

Justice is not a one-way-traffic. It is not justice for the appellant only.

Justice is not even a two-way traffic. It is really a three-way traffic: Justice for the appellant accused of a heinous crimes of murder, justice for the victim, the murdered man, the deceased, “whose blood is crying to heaven for vengeance” and finally justice for the society at large- the society whose social norms and values had been desecrated and broken by the cri minal act compl ained of.

2.0 OBJECTIVES

At the end of this unit, you would able to find o ut how:

· Justice becomes a three-way-traffic;

· The various codes make provision for compensati ons to victims of crimes.

· Judgement for compensation is entered;

· Customary law provi des for compe nsation to victims of cri me, and

· Rationale, basis for the payment of compensati on to victims of crime comes about.

3.0 MAIN CONTENT

3.1 Policy and Compensation

The aim of criminal policy is to reduce criminality in the society by the formulation of such measures as will accomplish such aim. The main purpose of criminal science is to ascertain how best to fight against crime.

It is to prevent crime. This has proved a mission impossible for Governments, of all ages and levels of civilization. It seems to me that three approaches have been adopted. First, by dealing with causes of crime, their removal or neutralization. Secondly by dealing with prospecti ve delinquent, his education or deterrent. Thirdly, by the punishment imposed on the guilty. The total measures formulated to attain these objectives is regarded in criminal science as criminal policy. The etymological meaning of policy, is the consistent course of conduct adopted and pursued by government in respect of a particular measure in the interest of a generality of the people affected or likely to be affected.

This may be effecti ve through legislation or admi nistrative process.

Although the criminal process is victim initiated, and there can be no determination of guilt and conviction without victim participation, the punishment of the offender pays very little regard to the inherent dominant

Procedure Act, and the Criminal Procedure Code, pays very little and indeed less than marginal emphasis on the participation of the victim. The sentencing policy demonstrate s a tendency towards deterrent, retributive and little rehabilitative punishments., the punishments attached to the offence by the Criminal Code and Penal Code are determined by its nature and gravity and its effect on the political and economic fortunes of the society.

The punishments at customary law which have been abolished also reflected a policy of retribution and deterrence towards further commission of the offence. It is interesting to note the advice of Lord Lugard to political officers who review Native Court sentences. He charged that..

“…the form of punishment inflicted must be that which is most deterrent and most likely to suppress crime. Native Courts must be instructed that the restitution of stolen property, or of an abducted person is not of itself a sufficient penalty…a punishment should always be added t o restitution”.

Whereas a sentence is intended as a pronounceme nt of the punishment prescribed for the offence committed by the wrong doer, restitution, and compensation are qualification on the sentence enabling the offender to ameliorate the injury done to the victim by the wrong doer. Restitution or restorati on in specie, enable the victim to be returned to the status quo ante before the injury was done to him. Compensation enables the victim to be sufficiently assuaged by money or in any other manner the injury done to him can be ameliorated. Thus the object of compensation is to heal the injury inflected by crime in so far as this can be done either by restitution in integrum by money or by apology. Compensati on is an extension of the sentencing apology of the criminal law whose principal objective is to express the society’s disapproval of the crime committed by

the offender, and the sympathy for the injury suffered by the victim. It is the most eloquent endorsement of the support for t he victim.

We have attempted a definition or explanation of the terms which will recur in this unit to facilitate understanding of the subject matter. It may be necessary in the course of the discourse to expatiate on the terms to enable a composi te treatment of the word, “policy”, “compensation”,

“victim” and “crime”. It is now appropriate to discuss whether there is a National Policy for Compensati on of Victims of Crime, and if there is none whether it is desirable to have a ny.

Self Assessment Exercise 3.1

would you agree that policies for compensation in Nigeria are adequate

3.2 Provisions Relating To Compensation To Victims Of Crime The punishment prescri bed in our Criminal and Penal Codes for culpability and liability for criminal offences are listed in section 17 of the Criminal Code, and Section 68 of the Penal Code. The Criminal Code lists them as death, imprisonment, whipping, fine and forfeiture. The Penal Code adds detention in a reformatory, and for offenders who are of the Islamic faith Haddi lashing as prescribed by Islamic Law in offense prescribed.

Accordingly, although forfeiture is regarded as a punishment, none of the prescribed punishments listed above has the interest of the victim as its primary obj ective.

However, there are general provisions in both the Penal Code and Criminal Procedure Act which empower the court on conviction of an offender, or in respect of the Criminal Procedure Act even in lieu of conviction to award compensation to persons injured by the criminal acts