THE COMPLEXITY OF COMPETENCE AND INSANITY IN CRIMINAL TRIALS IN THE NIGERIAN COURTS- THE PSYCHOLOGICAL PERSPECTIVE

Abstract

Competence and Insanity are two closely related topics in Criminal Law that deals with the mental state of the defendant to stand trial and his mental state that led him to commit the crime. The problem that exist is that both are too complex areas that puzzles lawyers, legislators and the public in determining standard of establishing both and the nature of evidence thereto. The findings of this paper is that the Nigerian Legal System rely more on medical reports of general medical practitioners and evidence from relations in establishing insanity and pay little attention to psychological research and the use of other expert such as psychologists, specifically psychiatrists, social workers to aid the court in systemic and researched evaluation techniques in determining the two concepts. Doctrinal method was employed and the writers suggest that more research and reliance on evaluation methods in determining competence and insanity issues as well as exposing magistrates, and judges to seminars and workshops on modern research techniques in dealing with the problem.