REHABILITATION VS PUNISHMENT: A LEGAL ANALYSIS OF JUVENILE TRIAL AND SENTENCING PRACTICES IN NIGERIA

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Abstract
This research study examines the legal framework governing the juvenile justice system which involves the trial and sentencing practices. It focuses on the comparison between the rehabilitation approach and the punishment approach to the juvenile justice, as well as its impact on young offenders and other children. It further examines whether the modern juvenile trial and sentencing practices tilts towards the rehabilitation approach to juvenile delinquency or not. The juvenile justice system seeks to protect, rehabilitate, and properly reintegrate young offenders into the society. This system includes all operating units- law enforcement, juvenile courts, and correctional centers, operating under specific laws and procedures that have been designed specifically for minors. The system is primarily governed by the Child Rights Act 2003 and also regulated by the Children and Young Persons Act in Nigeria. An overview of the juvenile justice system forms the foundation of the research study as a result of its necessity to the second ambit of the topic- ‘A Legal Analysis of Juvenile Trial and Sentencing Practices’. However, the body of this research study tends to focus more on the comparison between rehabilitation and punishment as well as the impact it has on young offenders and other children, which is particularly the composition of the first ambit of the topic. Accordingly, the work recommends for an enhanced implementation of the rehabilitative approach which obviously will not be beneficial only to the offender but to the society at large.
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