CHAPTER ONE
INTRODUCTION
1.1 Background of the study
During the closing decades of
the twentieth century, juvenile justice policy underwent major change. In less
than a generation, a justice system that had viewed most young lawbreakers as
youngsters whose crimes were the product of immaturity was transformed into one
that stands ready to hold many youths to the same standard of criminal
accountability it imposes on adults (Elizabeth & Laurence, 2008).
Universally, until 1998,
children aged ten to fourteen who were charged with a criminal offence were
presumed, in any court hearing, to be doliincapax
(‗incapable of evil‘); that is, they were presumed not to be capable of knowing
that a particular behavior was ‗seriously wrong‘ as opposed to being merely
‗naughty‘(Elizabeth & Laurence, 2008). In England, for example, it was the
responsibility of the prosecution to demonstrate, beyond reasonable doubt, that
the child in question was capable of recognizing behavior that was seriously
wrong. Children aged between ten and fourteen were thus afforded some procedural
protection from the full weight of the criminal law (Newburn, 2002). However,
the presumption of doliincapax was
abolished in England by the Crime and Disorder Act 1998 (Bandalli, 2000).
Although ‗crime‘ is a fiercely
contested concept (Muncie, 2001), in legal terms a crime occurs when a specific
act that is proscribed in law is committed. An act may have harmful
consequences and be regarded as morally reprehensible, but if it is not so
proscribed then a criminal offence has not been committed. Therefore anti-social
behaviors of the minors should not be considered as a crime. Mooney and Young
(2006) argue that anti-social behaviors, as the name implies, should be
perceived as infringements of social or moral norms, not criminal codes.
Justice system for minors has
gradually developed to what it is today. In South Africa, for example, there
are two main factors that promoted the development of justice system for the
minors: the number of crimes committed by minors increased through the 1980s
and early 1990s, peaking in 1995 (Jansson, 2007); and media coverage of
high-profile cases and the frequent portrayal of hooded teenagers terrorizing
communities suggested that young people are becoming increasingly criminalized.
Indeed, one study found that 71 per cent of media stories about young people
were negative and a third of articles concerned the issue of crime (Ipsos MORI,
2006).
Since the inception of a justice
system that ensures young law breakers are dealt with in the same standard as
adults reports indicate that the levels of crime have decreased and have been
stable since 2005/06 (Jansson, 2007). However, although the introduction of the
justice system for minors saw a reduction in crimes committed by the youth, it
is well-recognized internationally, and in Nigeria, that preventing crime is an
essential and effective part of longterm crime reduction.
In USA and Britain National
household surveys have been carried out to measure the level of juvenile
involvement in crime. Such studies have generally found that offending is
widespread amongst youth, but that most offending is relatively minor and transient
in nature (Visher & Roth 2010). Large scale self-report studies on
representative juvenile samples conducted in Australia, such as adolescents in
particular schools or in particular suburbs of major cities indicate that
juvenile offending is widespread (Mak, 2011).
It is not only developed
countries that are facing this situation; in developing countries as well there
are new pressures on young people undergoing the transition from childhood to
independence. In Africa, rapid population growth, the unavailability of housing
and support services, poverty, unemployment and underemployment among youth,
the decline in the authority of local communities, overcrowding in poor urban
areas, the disintegration of the family, and ineffective educational systems are
some of the pressures young people must deal with (Ojo, 2012).
In Kenya, according to study
carried out in Kamiti Youth Corrective Training centre (KYTC) the increase in
the number of minors who drop out of school, the escalating poverty and
unemployment level, poor parenting strategies and drug abuse among the young
people, have seen steep increase of
minors involved in crime (Omboto et al. 2013). The study further found out that
most of the criminals in the major towns in Kenya are aged between 15 and 25
years. When these young stars take drugs, they cease to be normal people. They
turn to crime to get money for drugs (Makhoha, 2008). Enugu Metropolisis one of
the counties in Nigeria that is exposed to the pressures of crime. Several
clashes in the county that is led by the youth indicate the delinquency of the
youth into criminal activities (Falcetto, 2012).
Strict law enforcement combined
with tough criminal justice and sentencing systems, has failed to reduce crime
effectively and has led to soaring rates of imprisonment at great cost to
governments (Elizabeth & Laurence, 2008). In addition, researchers argue
that International evidence indicates that young people, particularly those who
are committing first crimes, tend to get involved in a range of crimes rather
than specializing in a certain type of crime. In addition, international
research shows that young people who commit crime are likely to experience
other problems such as bullying, attempted suicide, drug use, lying, hostility
and, unprotected sex (Omboto et al., 2013; Akers & Sellers 2008). These are
important indicators for identifying at risk youth who may be targeted for
early crime prevention programmes.
For many juveniles today,
traditional patterns guiding the relationships and transitions between family,
school and work are being challenged (Akers & Sellers, 2008). Social
relations that ensure a smooth process of socialization are collapsing;
lifestyle trajectories are becoming more varied and less predictable. The
restructuring of the labour market, the extension of the maturity gap (the
period of dependence of young adults on the family) and, arguably, the more
limited opportunities to become an independent adult are all changes
influencing relationships with family and friends, educational opportunities
and choices, labour market participation, leisure activities and lifestyles
(Prior & Paris, 2005).
Juveniles nowadays, regardless
of gender, social origin or country of residence, are subject to individual
risks but are also being presented with new individual opportunities; some
beneficial and some potentially harmful. Quite often, advantage is being taken
of illegal opportunities as young people commit various offences, become
addicted to drugs, and use violence against their peers. According to Omboto et
al. (2013) the minors are not able to distinguish which factors will perpetuate
their indulgence into criminal activities. They therefore get involved in
criminal activities without their knowledge (Omboto et al.2013). According to Mooney
and Young (2006), studies need to be carried out to identify the context
specific factors that promote juvenile involvement in crime. It is in line with
this background that this study sought to distinguish the opportunities
presented to youths that contribute to involvement of minors into criminal
activities.
1.2 Statement of the problem
Crime is a major concern to every
nation. More so is the involvement of minors in criminal activities. In Nigeria
there is increasing cases of children involved in criminal activities indicated
by the high number of minors arrested or sentenced due to criminal acts (Omboto
et al. 2013). However, although the justice system ensures that the minors are
subject to law for any criminal activity, the tough laws have failed to reduce
crime effectively. Instead the laws have only led to soaring rates of
imprisonment which is at great cost to governments (Ojo, 2012).
The problem of juvenile
delinquency is still becoming more complicated and universal, and crime
prevention programmes are either unequipped to deal with the present realities
or do not exist. Moreover, researchers have neglected this area of study
(Mooney & Young, 2006). While Omboto et al. (2013) carried out a study in Nigeria
to assess the factors influencing youth crime and juvenile delinquency, the
study did not focus on juveniles but rather convicted youths in prisons.
Another study by Makokha (2008) focused on the male capital offenders in Kamiti
Prison. Additionally, Mooney & Young (2006) argues that it is difficult to
construct an accurate picture of crime among minors, due to a lack of
long-term, selfreport studies and changes to legislation on minors involved in
crime. There is therefore knowledge gap on the determinants of juvenile
involvement in crime.
Research however revealed that
generally, a person’s decision to commit crime is based on a range of complex
and intersecting social, personal, and environmental factors (Omboto et al.
2013; Jansson, 2007; Visher & Roth, 2010; Ojo, 2012). Becoming familiar
with these social and environmental causes, and seeking ways to address them,
are at the heart of youth crime prevention and are also the key areas for local
government intervention. This study therefore sought to examine the
determinants of juvenile involvement in criminal behavior in Enugu
Metropolis.
1.3 Research questions
1.
What are the factors that promote juveniles involvement
in criminal behavior in Enugu Metropolis?
2.
What is the level of juvenile involvement in criminal
behaviors in Enugu Metropolis?
3. How
has juvenile involvement in criminal behaviors impacted on Enugu Metropolis?
1.4 Objectives of the study
1.
To examine the factors that promote juveniles
involvement in criminal behavior in
Enugu Metropolis
2.
To find out the level of juvenile involvement in
criminal behaviors in Enugu Metropolis
3.
To investigate the impact of juveniles involvement in
criminal behaviors in Enugu Metropolis
1.5 Research Premises
1.
Neglect from parents promotes juvenile involvement in
criminal behavior in Enugu Metropolis
2.
There is high level of juvenile involvement in criminal
behavior in Enugu Metropolis
3.
There is insecurity in Enugu Metropolis due to juvenile
involvement in criminal behaviors
1.6 Justification and Significance of the study
Crime is a priority concern in
Nigeria. Of particular concern is the fact that young people make up the
largest group of victims of violent crime; and that they are also the majority
perpetrators of crime in our cities (Omboto et al. 2013). Indeed, some young
people are themselves both victims and perpetrators of crime. Juvenile crime
prevention programmes need to find innovative ways of addressing this duality.
Some aspects of children‘s
behaviors, such as temperament, are established during the first 5 years of
life (Elizabeth & Laurence, 2008). This foundation, coupled with children‘s
exposure to certain risk and protective factors,
influences the likelihood of children becoming delinquent at a young age.
However, the identification of these multiple risk and protective factors has
proven to be a difficult task. Although no magic solutions exist for preventing
or correcting child delinquency, identifying risk and protective factors
remains essential to developing interventions to prevent child delinquency from
escalating into chronic
criminality.
Crime among the youth has
attracted attention as the government ratified conventions and developed laws
to deal with young criminal offenders. The information from this study may help
the government in developing more effective strategies in dealing with criminal
activities among the minors.
The information from this study
might also be useful to the general public in understanding the increase in
rate of criminal activities by the minors. The identification of the
determinants of minors‘ involvement in criminal behaviors may assist the
parents and guardians in putting up early measures to curb crime among the
minors. Further the information from this study could also assist the community
and the society in general in preventing and developing policies to deal with
crime.
Crime and ways to deal with crime has received a lot
of attention from researchers. However, most studies have focused on the
prevention measures of crime among adults (Makoha, 2008). Recently focus have
turned on crime among minors as it is generally agreed that preventing criminal
behaviors at early age will come a long way in reducing crime in the country.
The study on the determinants of juveniles‘ involvement in criminal behaviors
in Enugu Metropoliswill therefore attract researchers and academicians who are
in need of educating more and providing solutions to effective and efficient
crime prevention and reduction among minors.
Hopefully, the information from the study will also form a basis for
other researchers and academicians who are willing to carry out studies in the
same field in
Sub-Saharan Africa.
1.7 Scope and limitations of the study
The study was carried out in
Enugu Metropolis. The county was chosen by the researcher following reports in
the mainstream media in the month of December 2013 that a large number of
youths are involved in crime in the county (Gatonye, 2014). This was witnessed
by several clashes in the county that majorly involved the youths. Recent
reports by the police also indicate an increase in crime among the youths.
Although this is a scourge, according to the police, that is affecting the
whole country, studies have mainly focused on counties with major towns such as
Nairobi, Kisumu, Nakuru and Mombasa Counties.
The study focused in determining
the specific kind of crime activities that juveniles are getting involved in Enugu Metropolis, the level of involvement
compared to other parts of the Country, the causes of such involvement and the
strategies that can be employed to minimize, control, prevent and eradicate the
involvement of juveniles in crime. The study will focus on crime committed
within the period 2013 to 2014.