AN EXAMINATION OF DETERRENCE THEORY OF PUNISHMENT IN THE ENFORCEMENT OF JUVENILE JUSTICE IN NIGERIA

Abstract

Deterrence theory is regarded as a very significant theory of criminal jurisprudence in Nigeria, premised on the belief that fear of punishment prevents crime. This theory has influenced the policies, laws, and practices aimed at safeguarding the welfare of juveniles and juvenile offenders. This paper examines this theory of punishment and its application in Nigeria’s juvenile justice system. It briefly studies the evolution of the theory and its influence in the Nigerian criminal justice system. It assesses the effectiveness of the theory in the existing legal framework and correctional practices while appreciating the Nigerian approach to juvenile offenders. This paper adopts the doctrinal methodology of study. It relies on statutes, textbooks, articles, and other relevant literature in its study of the application of the theory within the Nigerian juvenile justice system. It identifies gaps between the theoretical and practical implementation of this theory as a significant factor in the attainment of a juvenile justice system of accepted international standards. By exploring these aspects, the paper finds that deterrence contributes to prison overcrowding, neglects rehabilitation, and fails to sustainably reduce crime. The paper concludes by advocating for restorative and rehabilitative justice as more effective alternatives attuned to international standards.