Appraisal of the defence of provocation to the offence of murder under nigeria criminal law
Table Of Contents
Chapter ONE
1.1 Introduction1.2 Background of study
1.3 Problem Statement
1.4 Objective of study
1.5 Limitation of study
1.6 Scope of study
1.7 Significance of study
1.8 Structure of the research
1.9 Definition of terms
Chapter TWO
2.1 Historical overview of provocation in criminal law2.2 Evolution of the defence of provocation
2.3 Theoretical perspectives on provocation
2.4 Legal analysis of provocation in murder cases
2.5 Comparative analysis of provocation defenses internationally
2.6 Criticisms and controversies surrounding the provocation defense
2.7 Case studies on the application of provocation in murder trials
2.8 Gender perspectives on provocation as a defense
2.9 Psychological aspects of provocation and its impact on culpability
2.10 Recent developments and reforms in the provocation defense
Chapter THREE
3.1 Research design and methodology3.2 Data collection methods
3.3 Sampling techniques
3.4 Data analysis procedures
3.5 Ethical considerations in research
3.6 Validity and reliability of research findings
3.7 Research limitations
3.8 Comparative method in legal research
Chapter FOUR
4.1 Overview of research findings4.2 Analysis of data on provocation in murder trials
4.3 Implications of provocation defense in criminal law
4.4 Case studies illustrating the use of provocation defense
4.5 Public perceptions and attitudes towards provocation
4.6 Legal implications of abolishing the provocation defense
4.7 Recommendations for improving the provocation defense
4.8 Future research directions on provocation in criminal law
Chapter FIVE
5.1 Summary of research findings5.2 Conclusions drawn from the study
5.3 Contributions to legal scholarship
5.4 Practical implications for legal practice
5.5 Recommendations for policy and law reform
5.6 Reflections on the research process
5.7 Suggestions for further research
Thesis Abstract
Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted must also be proportional and must be one as would have caused a reasonable man to resort to the same consequence. The adequate of this defense, in the light of the scope of this study is purely a psychological question. The test of provocation is inadequate. It is plainly illogical not to recognize the fact that different people react differently to stimuli and the law, by its hording expects a man dethroned in his reasoning faculty to inflict a reasonably proportional injury which only a reasonable man in his senses could do. The aim and objective of this work was to assess the meaning of the term provocation as provided for under the penal and criminal codes and other relevant statutes, case law and by various author, its nature, element and the condition under which the defense can avail a person from criminal liability.
Thesis Overview
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