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Mob justice is when a person suspected to be a criminal is beaten by a group of people or crowd with clubs, stones, machetes, or anything they can lay their hands on. In some cases the alleged criminal dies in the process due to excessive beating or they are set on fire using old car tires and fuel. [1] Mob justice, also known as ‘instant justice’ or ‘jungle justice’, occurs in various towns and cities in Ghana. According to the laws of Ghana, this act is illegal and intolerable, but it occurs at an increasing rate. People who engage in this act are usually onlookers or people passing by or an organized group also known as "community vigilantes" whose aim is to protect the community from criminals.[ citation needed ]
In Ghana, it is not only alleged criminals that sometimes face mob justice; people suspected to be witches, wizards, adulterers and homosexuals sometimes find themselves in such situations. Due to the lack of trust in the law enforcement system in Ghana people resort to taking the law into their own hands and deal with these alleged criminals their own way.
From various research and surveys, people attributed the action of mob justice to;
In the journal Implication of mob justice practice among communities in Ghana a survey conducted by Ernest Adu-Gyamfi on 1,000 people, including males and females, in the Kumasi Metropolis which is the capital city of the Ashanti Region, consist of 20 suburbs and people who are 18 years and above. 51% of the respondents in the survey have secondary education while 23.7% have tertiary education.[ citation needed ] In response to the causes of mob justice, 47.9% strongly agree that delay in justice is a major cause of the action in the metropolis, 45% agree and 4% disagree with that claim.[ citation needed ] With the aspect of prolonged police investigations as one of the causes of mob justice, 63.7% strongly agree and 30% agree.[ citation needed ] 81.2% of the respondents strongly agree that they are not satisfied with the sentences sometimes emitted to convicted criminals and 18.8% strongly disagree with the dissatisfaction level of criminal sentence.[ citation needed ] On the claim of the judicial and police service being corrupt and being the cause of mob justice, 44.4% strongly agree and 55.6% strongly disagree.[ citation needed ] Also, 79.5% strongly agree to mob justice serving as a deterrent to other criminals.[ citation needed ]
For the claim that people who are involved in the act of mob justice are ignorant and not aware that their actions are illegal and strip victims of fundamental human rights, 84.9% strongly disagree and 15.1% agree with this claim.[ citation needed ] With this assertion, perpetrators of this act are fully aware of the consequences of their actions but still engage in the act of mob justice.
Mob Justice is a criminal offence pursuant to Act 29 of the Criminal Code of 1960 which covers the various aspect of mob justice.
Also Chapter 5 of the constitution of Ghana protects the fundamental human rights and freedoms of a person.
Article 13 states that “No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted”. [3]
Article 15 talks about "RESPECT FOR HUMAN DIGNITY" and that;
Article 19 requires FAIR TRIAL for;
All the above mentioned are legal provisions that protects suspected criminals from the act of mob justice or instant justice.
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
A riot or mob violence is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
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A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Capital murder refers to a category of murder in some parts of the US for which the perpetrator is eligible for the death penalty. In its original sense, capital murder was a statutory offence of aggravated murder in Great Britain, Northern Ireland, and the Republic of Ireland, which was later adopted as a legal provision to define certain forms of aggravated murder in the United States. Some jurisdictions that provide for death as a possible punishment for murder, such as California, do not have a specific statute creating or defining a crime known as capital murder; instead, death is one of the possible sentences for certain kinds of murder. In these cases, "capital murder" is not a phrase used in the legal system but may still be used by others such as the media.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.
Murder is an offence under the common law of England and Wales. It is considered the most serious form of homicide, in which one person kills another with the intention to cause either death or serious injury unlawfully. The element of intentionality was originally termed malice aforethought, although it required neither malice nor premeditation. Baker, chapter 14 states that many killings done with a high degree of subjective recklessness were treated as murder from the 12th century right through until the 1974 decision in DPP v Hyam.
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Loitering is the act of standing or waiting around idly without purpose in some public places.
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The Domestic Violence, Crime and Victims Act 2004 is an Act of the Parliament of the United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence. It also expands the provision for trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable adult, and permits bailiffs to use force to enter homes.
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The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Aiding and abetting is a legal doctrine related to the guilt of someone who aids or abets another person in the commission of a crime. It exists in a number of different countries and generally allows a court to pronounce someone guilty for aiding and abetting in a crime even if he or she is not the principal offender. The words aiding, abetting and accessory are closely used but have differences. While aiding means providing support or assistance to someone, abetting means encouraging someone else to commit a crime. Accessory is someone who in fact assists "commission of a crime committed primarily by someone else".
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