Deterrence and Elimination Theories of Crime, Content and Application within the Nigeria Justice System

Abstract

Crime is depicted as any act which is against the law and which attracts punishment and/or fine as stipulated by the law. The Criminal Justice System of a nation represents a system or structure through which the laws guiding the existence and order of such a society is applied and the rights of the citizens are upheld.  Criminal justice implies ascertaining whether or not an accused is guilty of a crime and ensuring that due process is involved in the determination of guilt or innocence and the administration of punishment or compensations as appropriate. This paper seeks to explain punishment theories in the criminal justice system and especially the assumptions of various criminologists on deterrent and retributive perspectives with their applicability within the Nigerian criminal justice system. The research methods employed in this study includes a combination of both primary and secondary sources. The paper argues that the chief aim of the entire criminal justice system comprises deterrence, atonement and retribution through punishment administered at the instance of the State. It is against this background that it is always said that the aim of criminal law is to protect the society and the citizens and to pay the wicked for his wrongdoing. The paper concludes that punishment should focused on the needs of society in terms of protection from crime, and the needs of the individual who deserved to be punished, in terms of his reformation.