THE ETIOLOGY OF CRIME AND ITS THREAT TO NATIONAL SECURITY IN NIGERIA

 SOLD BY: Excellent Project| ATTRIBUTES: Title, Abstract, Chapter 1-5 and Appendices|FORMAT: Microsoft Word| PRICE: N3000| BUY NOW |DELIVERY TIME: Within 24hrs. For more details Chatt with us on WHATSAPP @ https://wa.me/2348055730284

THE ETIOLOGY OF CRIME AND ITS THREAT TO NATIONAL SECURITY IN NIGERIA

(A Case Study of Crime in Nigeria)

ABSTRACT

What is crime? What is the cause of crime? What triggers criminal behaviour? Is crime simply a normal or natural phenomenon that occurs in all societies as a philosopher and a criminologist Emil Durkheim stated “crime is normal because a society without it is utterly impossible… In other words, are criminals born in accordance with the Lombroso’s theory why there are gender differences in certain crime, especially the violent ones? Why men commit crime more than women? Why the rate of crime is more pronounced in inner cities or urban areas than in rural regions? Why do the rich, corporate or highly placed public servant or politicians commit fraud or embezzle public funds? Why some people take part in armed robbery, rape? Why some people are violent and others are harmless? These are some of the questions to be discussed in this research paper. Therefore, it is necessary to define what crime is before one can consider answering the above vital question.

CHAPTER ONE

1.0     INTRODUCTION

          What is the nature of crime in Nigeria? In addition to the conventional crimes of armed robbery, murder, assault and so on. Nigeria has been on the global crime map since 1980s. Drug trafficking, advance fees fraud which is properly known as 419, human trafficking and money laundering have been particularly identified with Nigerian transnational criminal syndicates or networks.

          Armed robbery, which is an offence against property in accordance with the “Police Criminal Reports”, that is Police Recorded Cases of Crimes against Persons from 1995 to 2003 and the Nigeria Police Abstract of crime Statistic with effect from 1995 to 2003 with the police categorization, may also involve grievous harm wounding, assault, rape and even murder, which are all in the category of offence against property may result in deaths that could be translated to manslaughter, under offence against persons, and of course, it may not recorded.

          If you go by the 1926 international convention on slavery which defines slavery in terms of the “Status or condition of person over whom any or all the power attaching to the right of ownership are exercised” or view in it terms or guardians with prosperous people as “house helps or housemaids” in return for a small payment, then it is safe to conclude that not much is recorded in term of slavery dealing as a crime against person. For instance, the total figure recorded by the police between 1995 and 2003 about nine years. It was 175 cases were recorded. This is to let you know that most of the households in Nigeria have house helps and in many cases involves offences against individual freedom or deprivation of fundamental rights.

          At this juncture, I would like to state here that crimes against individuals or persons there are many instances considering the culture in most African societies, in which rape may be considered as a private affairs, or the maiden could be kept close in the family to avoid shame or the family of the victim could arrange with the offender for payment of some money in the form of restitution. Such crimes are certainly not going to be reported to the police, therefore, would not be recorded. Likewise, there could be so many attempted suicides or even murders which are unknown and therefore not recorded by police.

1.1     WHAT IS CRIME?

          Obviously, it is very difficult to give a universal definition of crime. The reasons are all stated, but foremost is the fact on act define criminal vary with time and space. An act may be crime at one time may not be at another. In most cases even if the same or similar acts are defined as crimes in different societies, the gravity or seriousness to which each society views the act may be different. In addition, there are contradicting views on definition if crime among jurists and social scientists, mostly bordering on ethical and ideological orientation.

          On the definition of crime, a United Nations Research Institute viewed crime as:

Crime in the sense of a breach of a legal prohibition is a universal concept, but what actually constitutes a crime and how seriously it should be regarded varies enormously from one society to another. Perceptions of crime are not determined by any objective indicator of the degree of injury or damage but by cultural values and power relations.

In a strict legal definition, however, a crime is a violation of the criminal law, which is subsequently followed by legal punishment. In criminal law, a crime is an act of omission, which attracts sanctions such as fine, imprisonment, or even death.

1.2     THE TWO BASIC FEATURES OF ELEMENT OF CRIME

A crime in law consists of two basic elements. These are as follows: “the actus reus and the mens rea”. The actus reus is the physical element or the guilty act and it requires proof. Where there is no actus reus, there is no crim. It includes all the elements in the definition of the crime with the exception of the mental element. The Actus reus could be made up of conduct, its consequences and the circumstances in which the conduct take place.

The second element is mens rea, the mental element or the guilty mind. It is basically the intention and a man is said to intend doing something if the foresaw and desired it. The desire for the consequences is the basic factor of intension. Mens rea is not required for all crimes. There is no singular definition of mens rea, because every crime has its own mens rea. To demonstrate mens rea, it must be proven that an individual intentionally, knowingly, recklessly or negligently behaved in a given manner or caused a given result. Crime can be dichotomized into serious and minor; felony and misdemeanor; mala in se and mala prohibitum, crime against persons and crime against property.

Criminologists are very much concerned with all potentially criminal behaviour, but not only in the strict legal sense. The definitions of crime among criminologists will therefore recognize factors such as value systems, norms and religious attitudes in a given culture. While classical school of thought dealt with the legal definition of crime, then the positive school defined crime in the context of disease. Crime as a disease according to the positivists appeared none randomly among the weaker, more defective class of human race. The positivist school therefore sought the definition of crime in the criminal, not criminal law. Lombroso, the founder of the positive school developed an idea of a born criminal, fatally destined to commit crime, because of his bio psychological constitution. Positivists rejected the legal definition of crime cannot be accepted as a legal category, since the factors which produce the legal definition are contingent and capricious.

Another Philosopher and Criminologist Durkheim defined crime within a social product, determined by social conditions, capable of being controlled only in social terms. Crime is therefore normal in all societies according to him and that; a social example from crime would necessitate a standardization of normal concepts of all individuals which is neither concepts all individuals which is neither possible nor desirable. Eventually analysis, Durkheim defines crime as “an act which offends strong and defined state collective conscience”. The legal system is therefore a reflection of this consensus. A crime is therefore, “a violation of the rules agreed to be respected by all members of the society mete sanctions upon sanctions upon those guilty of the violation”. It is for the same reason that the legal system view crime as a public and normal wrongs which the judges how held, or parliament has from time to time laid down and are sufficiently injurious to the public warrant the application of criminal procedure to deal with them. Criminal law is therefore seen to be concerned with public wrongs or wrongs against society, such wrongs involve acts of physical violence, such as murder and rape, infringement of property rights such as theft, fraud and burglary, and crimes against health, morals, and public safety, such as prostitutions, gambling, drug abuse, homosexuality and so on. Allen considered it up with the following point:

“Crime is crime because it consists in wrong doing which directly and in serious degree threatens the security or well being of society and because it is not safe to leave it readdressable only by compensation of the injured party”.

In contrast to the consensus view, conflict view sees crime being defined in the perspective of the ruling class. In this case therefore, crime is define as any act or behaviour selectively identified by the few who governed in the society. Such definition naturally does not include acts within the ruling class behaviour.

Property offences for example, threaten property owners and are usually committed by poor. And that is why according to the conflict view, the rich and powerful within the society focus so much attention on them. On the other hand, other acts which threaten the existence of the weak and poor in the society, such as tax evasion and environmental pollution do not attract equally attention.

Societal consists of competing interest groups, which are in conflict with each other. These groups are represented by the weak and poor, on the other hand and the wealth and powerful, on the other, a result of inequality in the distribution of wealth and power within the society. The conflict view is mostly associated with the works of Marx and Engels and in recent times with those of Turk, Quinney, Chamblis and Sceidman, Vold and Dahrendorf.

Turk’s critical idea, for example indicate that crime involves a disagreement between the powerful that make the rules and the powerful who defy the rules. The struggles of the powerless to control their own destiny often result in their violation the law of the powerful. The powerful use their position in society to criminalize those who disagree with them. Quinney viewed that:

Dominant class creates law that will protect their own interests; the lower class crime is a function of miserable life condition and conflict with the interest of the dominants belief about crime which makes the dominant class look good and the powerless look bad.

Crime is violation of societal laws, or rules and regulations, standards, values, norms which are made to govern or punish law breakers. Conflict theorist viewed law as an instrument of control, and there is a struggle among competing interests to control it because it is a reflection of power in the society. The conflict gave birth to new criminology by Taylor, Walton and Young. The radical departure defines crime in accordance with the type of group or class with the type of group or class within which a particular act is committed.

The poor commit theft, murder, and burglary, the middle class commit typical white-collar crimes such as tax evasion and theft from employers, while the wealth and powerful upper class indulge in activities such as exploitation, profiteering and end damage-act which are not recorded the status of crime.

1.3     TYPES OF CRIME

There are various types of crime, Bohn and Haley 2002 identified about types of crime. Among which are:

1.       Violent Crime: There are crimes that mostly involve force or threat of force. They include murder, manslaughter, aggravated assault, forcible rape, armed robbery, kidnapping and so on.

2.       Property Crime: These are crimes that involve taking money or property but usually without force or threat of force. They include offences like larceny, burglary, embezzlement, arson, extortion, blackmail, receiving stolen property, fraud, forgery, counterfeiting and so on.

3.       Organized Crime: These are crimes that involve many people and each person has his or her own role to play. These are unlawful acts of members of highly organized and disciplined associations engaged in supplying illegal goods and services such as gambling, prostitution, loan sharking, narcotic or drugs trafficking and labour racketeering.

4.       White Collar and Corporate Crimes: This generally involves non violent offenses committed for financial gain by means of deception by entrepreneurs and other professionals who utilize their special occupational skills and opportunities. For example, environmental pollutions, manufacture and sales of unsafe products, price fixing, price grouping and deceptive advertising.

5.       Public Order Offences: These involve violations that constitute a threat to public safety or peace. For example, disorderly conduct, loitering, unlawful assembly, driving while intoxicated etc.  

6.       Victimless Crimes: These are offences involving a willing and private exchange of goods or services that are in strong demand but are illegal. For example, gambling, prostitution, drug law violations, homosexuality between consenting adult.

7.       Offences against the Government: These are crimes motivated by the desire to effect social change or rebel against perceive unfair laws and government. For example, treason sedition, hindering apprehension or prosecution of felon perjury and so on.

8.       Offence by Government: These are harms influenced upon people by their governments of other. For instance, genocide and torture, police brutality, civil rights violations, and political bribe taking. Other types of crime include, moral offence, hate crime and occupational crimes.

          There are however criticism which accompanied this radical departure. The most important critics as the question, “why is it that not every one in the capitalist system commits crime? If the claim that the criminal law exists to protect the interest of the rich and powerful in the society, is it not also in the interest of the weak and poor to be protected against crimes such as murderer, rape and other violent crimes, recognized criminal law?

          The saying that there is no crime without law being represented by the Latin “maxim mullum crimen sine lege” make it impossible to examine the origin and functions of the criminal law so as to enable the criminology student understand the real connection between crime on the hand, law and punishment, on the other hand.

1.4     THE ORIGIN OF CRIMINAL LAW

          Criminal law had its origin in the early codified law traced to the cradle of civilization, the Middle East. History indicated back to 2000 BC with the Babylonia code of Hammurabi. His code did not provide a room for mercy. The code of Hammurabi left no room for an excuses or accidents.

          The following selected code belongs to Hammurabi these include:

.         “If a son a paramour or a prostitute says to his adoptive father or mother: “you are not my father or my mother, his tongue shall be cut off”.

.         If a physician make a large incision with operating knife and kill him or open a tumour with the operating knife and cuts out the eyes, his hand shall be cut off.

.         If a builder builds a house for someone and does not construct it properly, and the house which he built fall in and kill the owner, then the builder shall be put to death.

.         If it kills the son of the owner, the son of that builder shall put to death.

The mosaic code of the Israelites traced it back to 1200 BC, stated that:

                   …an eye for an eye, tooth for tooth, wound for wound…

And the Roman twelve tables of 400 BC. In the early law, there was the Justinian Corpus Juris Civilis (body of civil law) at about 600 AD, which witness system of Roman Law that had developed since the twelve tables, lastly, the early codified law gave birth also to the Napolion 1 French Civil Code in the seventeenth century.

The second source is the English Common Law, which is the most important source of the present day legal system. The common law developed in England after the introduction of feudalism, following the Norman Conquest in 1066. Examining it before the Norman Conquest, the law was more or less a folk law, unwritten, reflecting long established customs and share values, which were highly localized, essentially tribal and viewed crime as a private wrong. It was in this context that crime was seen as an act against the whole society, therefore compensation was paid to the victim rather than the state. But after the Norman Conquest in 1066, England became unified and common law first came into being during the reign of King Henry II (1154-1189). In this era, royal judges were appointed in place of local customs and laws, with national laws, which were followed in courts throughout England, hence the term common law which also known as Judge is made Law.

Magna Carta popularly known as the Great Charter, accepted by King John 1215 with the full title of the Treatise on the Laws and customs of the kingdom of England, formed the basis of modern English Constitutional Liberty, which among other things disallowed imprisonment without trial and decreed that the law of the land was supreme over personal authority of the monarch. Many of the present day legal objectives such as equality before the law, respect for established rights and the impartial administration of justice came from the early common law. With the development of common law came the idea that crimes are against the state, rather than against the individual. Serious crime such as murder, assault and battery, robbery, arson, rape, burglary and theft, were redefined by judges who made them act against the state because they went against the common good.

The definition of law as of today represents or reflects it historical development. In simplest meaning, “law is a body of rules of conduct prescribed by an authority with binding legal force, the violation of which may attract punishment. Law is a term that derived from the Anglo Saxon word lagu which in turn was derived from the verb leggie meaning to determine.

However, some variations in the definition of law Salmond for example, defined law as “the body of principles recognized and applied by the state for the administration of justice”. Vinogradoff defined law as “a set of rules imposed and enforced by society with regard to the attribution and exercise of power over person and things”. According to him it is important for the society to recognize the building nature of the rules upon them. Therefore members of the society must recognize and respect the rules and regulations.

Pound defined law as a means of social control through the systemic application of the forces of the politically organized society.” Also, Austin defined his own as “a rule laid down for the guidance of individuals by the individuals with power over the then”. Then a Nigerian Jurist Elias Defined law as a body of rules recognized as obligating, therefore law must have a binding legal force

Criminal  law deals with criminal behaviour it is the branch of law , which list  the various criminal offences, identifying the element or ingredients, which make up the offences and specifying the punishment for each or group of offences according to major objective of criminal law is the prevention and control of crime. Crime is the considered a public wrong or wrong against society. When a crime is committed, therefore it is the state that suffers. It is for the reason that the state, rather than the individual prosecutes and punishes the accused or persons found guilty. An essential feature of the criminal law is the presumption of the innocence of the accused person until proven guilty. The burden of proof lies with the prosecution, which must proven beyond reasonable doubt.

1.5     CHARACTERISTICS OF CRIMINAL LAW

Meanwhile Sutherland and Cressey viewed about four major characteristics which differentiate criminal law from other rules of human conduct.

–        First, criminal laws are enacted, modified and replaced by duly-elected legislative bodies and this gives its political characteristic.

–        Second, criminal laws are specific clearly stated in terms indicating what conduct is expected, thus confirming with the essential requirement of due process.

–        Thirdly, ideally criminal law should be uniform, representing justice in term of equal treatment for all regardless of ethnic, religious and social differences.

–        Finally, criminal laws are accompanied by penalties against violations. Based on the last point, it is agued that criminal law is not only an instrument of coercion against non-conformity, but also educates thus:

…criminal law as an instrument of education as well as coercion, shaping behaviour through it moral as well  as through fear of punishment. When the law is educating effectively people conform to it because they want to law abiding behaviour becomes a matter of habit voluntary… avoiding punishment. In large and complex society… respect for law… is more effective instrument of social control than fear of punishment.

1.6     FUNCTIONS OF CRIMINAL LAWS

i.        Criminal Law protects the accused persons against retrospective punishment, arbitrariness and double jeopardy. Double jeopardy involves the trial or conviction or acquittal by a court competent jurisdiction, except upon the order of a superior court. Criminal law always gives an accused person the rights and that it reflects the interest of society. In general, crime law protects the individuals and property.

ii.       Criminal law has been criticized for not giving the victim of crime much concern. Accordingly, that is while the law guarantees the accused person every protection, the victim of crime receives little or no attention in terms of compensation or restitution, rehabilitation, or guarantee against future victimization. In most cases, the victim of crime may have resort to civil action, especially where the crime against him involves corporate bodies.

          At this point, it is imperative to distinguish criminal law from civil law. The simplest method to distinguish between the two is to say that all law other than criminal law is civil law. Civil law includes fort (personal wrongs and damages) property laws (the law governing the transfer or ownership of property) and contract laws (the law governing personal agreements). Civil law is concerned with making sure that an injured party is compensated of any harm done to him. The injured or aggrieved party takes the case to court in cases involving civil law. Civil law is not concerned with an individual intention, but his or her action.

 SOLD BY: Excellent Project| ATTRIBUTES: Title, Abstract, Chapter 1-5 and Appendices|FORMAT: Microsoft Word| PRICE: N3000| BUY NOW |DELIVERY TIME: Within 24hrs. For more details Chatt with us on WHATSAPP @ https://wa.me/2348055730284