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Using Alternative Dispute Resolution (Adr) in the Criminal Justice System: Comparative Perspectives

By Society For Research And Academic Excellence  et al

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Using Alternative Dispute Resolution (Adr) in the Criminal Justice System: Comparative Perspectives
 
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Abstract

The use of alternative dispute resolution (ADR) in the civil justice context is a common and accepted phenomenon. However, the same cannot be said of ADR within the criminal justice context especially in common law jurisdictions based on accusatorial or adversarial criminal procedures such as Nigeria. The scope allowed for ADR in the criminal justice context appears to be strictly limited to minor offences. This paper takes a survey of selected jurisdictions on the practice of ADR within the criminal justice context based on different legal traditions. The paper finds that the use of ADR in the criminal justice system is a global phenomenon but operates behind the veil of discouraging statutory language. The paper further finds that despite efforts to discourage the use of ADR in criminal matters, parties often resort to this method to resolve their problems even when the dispute is criminal and serious in nature. The paper therefore argues for the extension of ADR to serious offences and legal measures to bring the law into conformity with practice.

About the Authors

Society For Research And Academic Excellence

Society For Research And Academic Excellence

Based in University of Nigeria, Nsukka, this academic society is incorporated in Nigeria to encourage brilliant and enterprising research scholars, both young and experienced, to make known the results of their hard work for the good of the nation and the world. The Society accepts research initiatives for publications and mentors potential scholars to achieve their vision.
Ebele L. Okiche

Ebele L. Okiche

Clara C. Obi-ochiabutor

Clara C. Obi-ochiabutor

Chukwunweike A. Ogbuabor

Chukwunweike A. Ogbuabor

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