Just and Unjust System: A Critical Assessment of Criminal Culpability in Law.
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Date
2014-09
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Department of Sociology, Bayero University, Kano, Nigeria
Abstract
This paper examines the criminal justice perceived link between legal and moral blame, a claim between just and unjust criminal justice systems. Most of the criminal law's culpability and excuse doctrine for crimes are derived from the criminal law's account of moral responsibility for actions as prescribed by the ruling class. To evaluate how well our legal blaming judgments and legal excuses actually track defensible accounts of moral blame and moral excuses in the light of appropriate application of rules enacted by an oligarchic few on the generality of the masses, this paper dwelt extensively on how the criminal law provides a competing accounts of criminal justice in the dimension of just and unjust justice system. The data used in the study were derived from secondary sources. The findings reveal that just and unjust justice system has created the problem of assessment and culpability. After making long and short term recommendations, it was concluded that for the justice system to once again perform its role in the dispensation of justice, fundamental steps must be taken in the right direction which is the reconstitution of the constitutional base.
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Keywords
Just, Unjust, Justice system