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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Determination of Criminal Insanity in Western Nigeria
Author:Bienen, Leigh
Year:1976
Periodical:Journal of Modern African Studies
Volume:14
Issue:2
Period:June
Pages:219-245
Language:English
Geographic term:Nigeria
Subjects:criminal procedure
mental disorders
Law, Human Rights and Violence
Health and Nutrition
External link:https://www.jstor.org/stable/160058
Abstract:Subject of investigation is the question of insanity or competence to stand trial in criminal cases before the Western Nigerian judiciary. This article grew out of a more detailed study of all tried cases of homicide in Western Nigeria from 1966 to 1972. An inordinately large number of accused with symptoms which westerners associate with mental or emotional illness appeared before the court with judges being forced to apply an awkward, and at best difficult, standard for the determination of criminal insanity with sparse direct evidence and, in many cases without the help of expert testimony. The procedures surrounding the presentation of the defence of insanity, the calling for an examination by a psychiatrist, the submission of expert testimony, are the same in Western Nigeria as in most American jurisdictions, although there are significant differences in the manner in which law and rules of procedures are applied, the use and exclusion of evidence, and particularly the treatment of expert psychiatric evidence. Ref., appendices: Research method and statistics - Selected cases.
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