JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA
Criminal Law in Nigeria is so wide that it applies to a wide range of crimes. a crime is and actatute or by the Common Law to be a public wrong and is therefore punishable by the state in Criminal proceeding. The crime of homicide which can be divided into two namely, lawful homicide which is a division of homicide justified or excused by law and they are self defence, suppression of riot, defence of property etc. unlawful homicide is prohibited by law with very stiff punishment melted out to its offenders. Unlawful homicide could be either murder or manslaughter, murder is an intentional killing of and human being and its carries a severe punishment of a sentence to death while manslaughter is an unintentional killing of another which must have been through provocation, negligence, causation, omission etc. and its carries a sentence of life imprisonment.the actus reus and mens rea of a crime must be proven before and accused can be convicted, the burden of proving that the accused committed the crime is on the prosecution and it never shifts. This study will be narrowed down to homicide generally ,the problems facing in the proving of guilt of an accused person by the prosecution and solutions will be proferred.Chapter one, general introduction to the whole will be discussed.The second chapter unearths the different definition of crime by different jurists and legal writers,ts and legal writers, it will discuss the burden of prove in Criminal Cases,and the ingredients that constitute crime.Chapter three discusses extensively the critical and general overview of the meaning of homicide, under which lawful and unlawful would be discussed.Chapter four espouses the main aim of this study where the judicial trend of Courts will be discussed, also the origin and meaning of punishment, enforcement of homicide laws, punishment for crime of homicide will be discussed.The fifth chapter closes with the summary of the whole study, Recommendation would have been made towards the advancement of Criminal Law through the provisions of both the criminal code and the penal code.
TABLE OF CONTENTS
ABSTRACTTABLE OF CASESTABLE OF STATUTESLIST OF ABBREVIATION
CHAPTER ONEGENERAL INTRODUCTION1.0.0: INTRODUCTION1.1.0: BACKGROUND TO THE STUDY1.2.0: OBJECTIVES OF THE STUDY13.0: FOCUS OF THE STUDY1.4.0: SCOPE OF STUDY1.5.0: METHODOLOGY1.6.0: LITERATURE REVIEW1.7.0: DEFINITION OF TERMS1.8.0: CONCLUSIONCHAPTER TWOINTRODUCTION TO THE CONCEPT OF CRIME2.0.0: INTRODUCTION2.1.0: MEANING OF CRIME2.2.0: INGREDIENTS THAT CONSTITUTE CRIME2.2.1: ACTUS REUS2.2.2: ACTS2.2.3: OMISSIONS2.2.4: ACTUS REUS AND CAUSATION2.3.0: PRINCIPLESOFMENS REA2.3.1: INTENTION2.3.2: PROOF OF INTENTION2.3.3: RECKLESSNESS2.3.4: KNOWLEGDE2.3.5 NEGLIGENCE2.3.6: MOTIVE2.4.0: BURDEN OF PROOF IN CRIMINAL CASES2.5.0: CONCLUSIONCHAPTER THREEA CRITICAL AND GENERAL OVERVIEW OF THE MEANING OF HOMICIDE3.0.0: INTRODUCTION3.1.0: WHAT IS HOMICIDE?3.2.0: DISTINCTION BETWEEN LAWFUL AND UNLAWFULHOMICIDE3.3.0: UNLAWFUL HOMICIDE3.3.1: MURDER-CULPABABLE HOMICIDE PUNISHABLE WITHDEATH3.3.2: MANSLAUGHTER-CULPABABLE HOMICIDE NOTPUNISHABLE WITH DEATH3.3.3: VOLUNTARY MANSLAUGHTER3.3.4: ELEMENTS OF PROVOCATION3.3.5: INVOLUNTARY MANSLAUGHTER3.4.0: LAWFUL HOMICIDE3.4.1: EXECUTION OF SENTENCE3.4.2: SELF DEFENCE3.4.3: DEATH BY MISADVENTURE3.4.4: SUPPRESSION OF RIOT3.4.5: DEFENCE OF PROPERTY3.4.6: CONSENT TO DEATH3.4.7: PREVENTION OF CERTAIN OFFENCES3.4.8: LAWFUL ARREST, PREVENTING ARREST OR RESCUEAFTER ARREST3.4.9: KILLING OF THIEVES3.5.0: CONCLUSION
CHAPTER FOUREXAMINATION OF JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA4.0.0: INTRODUCTION4.1.0: ORIGIN OF PUNISHMENT4.2.0: ENFORCEMENT OF HOMICIDE LAWS IN NIGERIA4.3.0: PUNISHMENT FOR THE CRIME HOMICIDE4.4.0: JUDICIAL TREND OF COURTS IN HOMICIDE CASESIN NIGERIA4.5.0: CONCLUSIONCHAPTER FIVECONCLUSION AND RECOMMENDATION5.0.0: CONCLUSION5.1.0: RECOMMENDATION