Chapter 1

1.0 INTRODUCTION

1.1 BACKGROUND OF THE STUDY

The criminal justice system (CJS) holds a significant role in society, encompassing the
Police, Courts and Prison system. It serves as a crucial body for maintaining law and
order through the dispensation of criminal justice. "The body is a system or constitution:
so is a tree: so is every machine." - Joseph Butler (1726 _Pg 8). They play a vital role in
the society by maintaining the peace and sustaining social harmony. Lawrence F. Travis
III (2012) defined the CJS as a formal social institution designed to respond to deviance,
defined as crime. He further stated that “any criminal justice system is an apparatus
society uses to enforce the standards of conduct necessary to protect individuals and the
community” Pg 8. Since every society or country has a CJS, this makes it a universal
social institution. “The criminal justice is ubiquitous in the discussion of criminal law,
policy, and punishment” – Mayeux (2018). Frank Schmalleger (2021_Pg 7) described
criminal justice thus: “in the strict sense, the criminal (penal) law of criminal procedure
and the array of procedures and activities having to do with the enforcement of this body
of law”. In a strict sense, criminal justice encompasses the laws, rules, and regulations
that define criminal behavior and prescribe the legal processes for addressing violations.
This includes everything from the initial investigation of a crime and the apprehension of
suspects to their prosecution in court, adjudication, and, if found guilty, sentencing and
correctional supervision. In explaining what the criminal justice comprises, he also
defined the CJS as the aggregate of all operating and administrative or technical support
agencies that perform criminal justice functions. He stated that the basic divisions of the
operational aspects of criminal justice are law enforcement, courts, and corrections/
prisons. The CJS is mainly concerned about the affairs of the society as it is saddled with
law enforcement and making the law of the country active and binding. The challenges of
crime in a free society are only the most prominent and influential in a long line of
attempts to model the CJS in such a way as to enable the prediction of crime rates and to
model how changes in one area of the system would affect others – (Mayeux, (2018).
Crucial to all criminal justice system is the basis for those systems, criminal law;
Criminal Justice System is based on a society’s willingness to grant legal authority to
some individuals to impose punishment. This group of people are called Criminal Justice
System Professionals. Criminal Justice Systems may be based on the advisory or the
inquisitory modes (Dosunmu and Ayodeji 2015)

Frank Schmalleger 2021 explained that the administration of the CJS is the performance
of any of the following activities: detection, apprehension, detention, pre-trial release,
post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of
accused persons or other criminal offenders. The CJS is a cornerstone of any society,
tasked with upholding the rule of law, ensuring justice, and safeguarding the rights of
individuals. However, in the context of Nigeria, the pervasiveness of corruption within
the CJS has become a critical concern, challenging the very foundations of a fair and
transparent legal framework.

The CJS is the mechanism put in place for meting out justice when violations of criminal
law occur (Schmalleger 2021) Though it does not function as an entity, the goals of
criminal justice agencies and the individuals working within them differ, for the system’s
processes to be highly affected by outside influences, such as political pressure, informal
arrangements, media coverage of high-profile cases, and discretion. The criminal justice
system (CJS) serves as the primary mechanism for dispensing justice in cases of criminal
law violations (Schmalleger, 2021). Although it is not a singular entity, it comprises
various agencies—law enforcement, courts, and corrections—each with distinct roles and
objectives. The goals of these agencies and the individuals within them often differ,
leading to a complex interplay of functions and responsibilities. Moreover, the
effectiveness and fairness of the CJS are significantly influenced by external factors such
as political pressure, informal arrangements, and media coverage of high-profile cases.
These influences can impact decisions and outcomes within the system, from police
practices and prosecutorial discretion to judicial rulings and correctional policies. As a
result, the CJS must navigate these external pressures while striving to uphold justice,
maintain public trust, and protect the rights of individuals (Schmalleger, 2021).

The administration of criminal justice in Nigeria-Ondo-west Local Government Area

(LGA) as a case-study is undermined by corruption which leads to increased crime,
inequality, and loss of public trust. The study thus seeks to examine the role of public
perceptions and attitudes in shaping the response to corruption in the CJS, and also to
develop recommendations for reducing and preventing corruption in the system.

1.2 STATEMENT OF THE PROBLEM

The Nigerian CJS is generally perceived as frustrating; and often described as full of
despair. CJS differs and varies from one country to another, however, it faces common
problems, a punishment philosophy, definitions of the elements of crime, of acts to be
included in the criminal law, and crime-data collection. Human errant behaviors should
be covered by criminal punishments, who to be sanctioned, and which sanctions to be
applied. The role of decision-making is, therefore, crucial to criminal justice for
sustenance although the degree to which it is permitted varies.

In Nigeria, the CJS is a process, though set in stages and many factors may affect how
one experiences the various stages. Not all arrested suspects proceed to the end of the
CJS. In fact, most cases do not go that far for a number of reasons. Suspects who even
proceed to trial may ultimately not be convicted. While some may be convicted but
placed on probation, fined, or sentenced to serve the punishment in the community rather
than being sent to prison. Even those sent to prison may not serve their full terms. Crucial
to all criminal justice system is the basis that is the, criminal law. The CJS is based on a
society’s willingness to grant legal authority to some individuals to impose punishment
for the violation of the law. This group of people are often called professionals of the
CJS. Every CJS, however is based on the adversary or the inquisitory models. In spite of
all these, criminological studies have revealed a logical structure; and even, within this
logical structure, there is an accommodation for bias, caprices, mistakes, delays, and
 arbitrariness. Some major factors that negatively influence the administration of criminal
justice system include: lack of transparency, bribery and extortion, abuse of power,
neglect of duty, unethical practices, delayed justice, unfairness in the application of law,
inefficiency in the administration of justice, godfatherism, etc. As regards the procedure
of the CJS, it seems to be an orderly process typifying the bureaucratic process, justice
being the expected output of all the process.

However, to what extent is justice really achievable at the end of the procedure, becomes
a million-dollar question. Basically, gender, age, class/poverty, education/literacy, race
and religion are important factors in the CJS-equation. Hence, the implication being that,
to a large extent these factors or issues influence the CJS in Nigeria at all the stages-the
Police, Court and Corrections/Prison.

1.3 OBJECTIVES OF THE STUDY

i. To highlight the extent and severity of corruption in the CJS.

ii. To identify the main types of corruptions that occur in the CJS.
iii. To access the impact of corruption on public trust in the CJS; and,
iv. To examine the role of public perceptions and attitudes in shaping responses to corruption
in the CJS.

1.4 RESEARCH QUESTIONS

i. How does corruption affect the administration of criminal justice, including the
investigation, prosecution, and sentencing, and serving the prescribed punishment.
ii. What role does corruption play in relation to public trust in the CJS?
iii. What is the negative impact of corruption on the CJS?
iv. What are the ethical implications of corruption in the CJS?
1.5 SIGNIFICANCE OF THE STUDY
This research/project holds some significance for various stakeholders, such as policy-makers,
law enforcement agencies, legal practitioners, and the general public. By shedding light on the
patterns and effects of corruption within the CJS, the study can contribute to the ongoing efforts
to build a more transparent, efficient, and equitable legal framework in Nigeria.
 Injustice: Corruption in the administration of the CJS can lead to loss of faith in the
system that can in turn, lead to more crimes and social unrest. In other words, if people
perceive the system as unjust, they may be more likely to take the law into their own
hands, which may have serious consequences for the society.
Poor investigation and prosecution of cases: This entails lack of accountability and justice
for the victims of crime. This can lead to the feelings of helplessness and frustration by
victims, and their families. It can also create a culture of impunity where criminals feel
like they can get away with crime-violations
 Ineffective legal frame-work: It can create a situation where laws are not enforced
properly, that can result to injustice and lack of trust in the legal system. In addition, it
can create confusion and uncertainty about what is legal or not, which can lead to lack of
predictability and feeling of insecurity.

In subsequent chapters, the study shall delve deeper into the historical emergence of corruption
within the CJS and, explore specific patterns within Ondo West LGA while highlighting the far-
reaching effects on individuals and communities. Through the exploratory focus, the story can
provide a comprehensive understanding that contributes to the ongoing discourse on anti-
corruption measures in Nigeria.

Definition Of Concepts

Corruption: Corruption is the abuse of entrusted authority or power by individuals for personal
or private gain, undermining the integrity and functionality of institutions. It manifests in various
forms such as bribery, embezzlement, nepotism, and fraud. Public officials might solicit or
accept bribes to alter their decisions, while private sector corruption can involve manipulation of
contracts or financial statements.

Criminal Justice: In the strictest sense, the criminal (penal) law, the law of criminal procedure,
and the array of procedures and activities having to do with the enforcement of this body of law.

Criminal Justice System: The criminal justice system is a network of government institutions
and practices aimed at maintaining social order, enforcing laws, and administering justice. It
comprises three main components: law enforcement agencies (police), judicial bodies (courts),
and correctional institutions (prisons and probation services).

Administration: Administration is the process of organizing and managing the operations of an

organization, institution, or government. It involves planning, coordinating, directing, and
controlling resources and activities to achieve specific objectives.
REFERENCES

Butler, J. (1726). The analogy of religion, natural and revealed, to the constitution and course
of nature. (Page 8).

Mayeux, S. (2018). The criminal justice system in the context of criminal law, policy, and
punishment.

Schmalleger, F. (2021). Criminal justice: A brief introduction (13th ed., Page 7).

Travis, L. F. III. (2012). Introduction to criminal justice.