Criminal Profiling: The Relevance to the Legal System in Nigeria

CONTRIBUTED BY: ANIMASAUN IYANUOLUWA

INTRODUCTION

Criminal profiling refers to the process in which the nature of a crime is used to draw inferences about the personality and other characteristics of the probable offender^[1]. It is also known as criminal investigative analysis or behavioural profiling.

It is a technique used by law enforcement agencies and criminologists to identify probable suspects and provide insights into their behaviour.^[2] It involves making inferences about the physical, habitual, emotional, psychological, and even vocational characteristics of suspected criminals—including their demonstrated knowledge, skills, and abilities.^[3]

It is significant knowledge that criminal profiling as an investigative tool aids the analysis of crime scenes, evidence, and behavioural patterns to create a profile of the likely perpetrator. ^[4]The profilers often utilize behavioural conduct as a way to procure a thesis to aid the discovery of the offender. Profilers aim to predict the offender’s characteristics, motivations, and potential actions subject to the existing evidence available as at the time of the investigation.

This article will discuss criminal profiling in Nigeria legal system; its cons and pros and; how its relevance to the Nigerian Legal System.

CRIMINAL PROFILING AND NIGERIA LEGAL SYSTEM

Criminal profiling is not a recent enforcement practice in Nigeria; it has become ingrained in the country’s legal system and public consciousness. However, it has not achieved the same level of recognition, functionality, or institutionalisation as in other jurisdictions. It has not reached full establishment with the ambit of criminal adjudication in Nigeria’s Legal system.

Several agencies have employed criminal profiling in their various investigations. For example, the Nigeria Police Force which is the principal law enforcement and the lead security agency in Nigeria designated by the 1999 constitution as the national police of Nigeria with exclusive jurisdiction throughout the country. The Nigeria Police Force performs important duties such as crime prevention, crime investigation, road traffic control, and controlling and quelling civil unrest.

The Nigeria Police Force Criminal Investigation Department (FCID) under the umbrella of the Nigerian Police Force is the highest investigating arm of the Nigeria Police. They carry out investigation and prosecution of serious and complex criminal cases within and outside the country. The department also coordinates crime investigations/prosecution throughout the force.^[5] They often employ profiling as a means of unravelling new or technical cases. They run an analysis of the crime and draw inferences on what the accused may look like.

In kidnapping matters, they often assume that when a kidnapping has occurred, it is customary that there is a reach-out from the kidnapper to demand money. It is veritable that the victim of such a kidnapping is kept alive as an advantage in obtaining money. Because of consistent patterns, such crimes can be profiled to be carried out in a certain way.

THE MERIT OF CRIMINAL PROFILING IN THE NIGERIAN LEGAL SYSTEM

Criminal profiling can efficiently aid in rapid justice dispensation in criminal matters in Nigeria. It can aid investigative matters by showcasing how a likely offender thinks (i.e. his or her patterns of thinking) and directs the person‘s behaviour. Thus, when the investigative profiler analyzes a crime scene and notes certain critical factors, he or she may be able to determine the motive and type of person who committed the crime.^[6]

FEATURE OF CRIMINAL PROFILING

1. Analysis of the event of crime: A careful examination at the scene of the crime may help to gather clues relevant to identifying the characteristics of the criminal. Criminal profiling derives data from scrutinizing crime scenes.^[7]
2. Behavioral Pattern: Criminal profiling aims at analysing the behaviour exhibited by the offender before, during, and after the crime^[8]. This includes digging into frequent patterns such as ritualistic behaviour, post-offence rituals, and methods of communication. The behaviour pattern is an indispensable factor in criminal profiling.^[9] The concept of criminal profiling is predicated on the discovery of behavioural patterns.
3. Geographical Profiling: Examining the locations of multiple crimes can help identify patterns and predict where the criminal is likely to be residing
4. Victimology: Criminal profiling involves a check into the background of criminals to ascertain the motives and actions of the criminal. This aids in understanding the vulnerability of the offender.^[10]

THE SIGNIFICANCE OF CRIMINAL PROFILING TO NIGERIA’S LEGAL SYSTEM

Criminal profiling can proffer new options for complex criminal cases by providing fresh perspectives and uncovering overlooked connections when the usual way of investigation has failed.

• It gives more insights into the identity of the offender.
• It encourages calculated efforts in procuring justice.
• It proffers insights into the motives and mindset of offenders, aiding in the development of an effective investigation pathway.
• It encourages foresightedness in preventing the occasion of crimes.

STATUTORY AND JUDICIAL FRAMEWORK OF CRIMINAL PROFILING IN NIGERIA

It is worthy of note that evidence obtained via criminal profiling does not automatically gain admissibility.

The Court in SAMUAL & ORS v. NIGERIAN ARMY ^[11] held that

“The question in a criminal case is whether there is evidence of such a quality on every material ingredient or issue in the case that it ought to be believed. If there is and it is believed by the trial Judge, that is the end of the matter, provided it is manifest on the record that the trial Judge has given due consideration to the evidence by and on behalf of the defence – see Ibrahim v. State (1991) 4 NWLR (pt 186) 399 SC & State v. Onyeukwu (2004) 14 NWLR (pt. 893) 340 where Pats-Acholunu, JSC warned as follows – “Care must be taken that the Court should not be bamboozled into taking a course of action that produces a miscarriage of justice. In a criminal case, every item of evidence must be scrupulously examined, analyzed and weighed to assess the substantiality of the testimony and statements proffered and made” Per AMINA ADAMU AUGIE, JCA (Pp 23 – 24 Paras C – A)

In STATE v. ONYEUKWU,^[12] IGNATIUS CHUKWUDI PATS-ACHOLONU, JSC held that

“In a criminal case, every item of evidence must be scrupulously examined analyzed and weighed to assess the substantiality of the testimony and statements proffered and made.” Per (Pp 46 – 46 Paras A – B).

Also in MOHAMMED v. STATE,^[13] it was reiterated that”;

“It is an established Principle of Law that evidence adduced by the parties in a criminal matter must be carefully weighed and considered by the trial Judge.” Per (Pp 26 – 26 Paras E – F).

It should be on record that the offshoot of criminal profiling is in tandem with opinion evidence. Section 67 of the Evidence Act stipulates that the opinion of any person as to the existence or non-existence of a fact in issue or relevant to the fact in issue is inadmissible. Generally, opinions from criminal profiling are inadmissible.

However, in certain circumstances, such an opinion may be admissible if it can be proved an expert made such an opinion. An expert in this scenario is one who the court is satisfied that he is especially skilled in the skill of criminal profiling. ^[14]Any evidence of the bad character of the accused person is admissible if the bad character is a fact in issue.^[15]

Another perspective to take cognizance of as to criminal profiling is arrest without a warrant based on reasonable suspicion. Section 18 of the Administration of Criminal Justice Act, 2015 states;

(18)(1) A police officer may, without an order of a court and a warrant, arrest a

suspect:

(a) whom he suspects on reasonable grounds of having committed an

offence against a law in Nigeria or against the law of any other country,

unless the law creating the offence provides that the suspect cannot be

arrested without a warrant.

An accused can be arrested without a warrant upon reasonable suspicion that he may have committed an offence. This is also a form of criminal profiling.

CRITICISM OF CRIMINAL PROFILING

1. The test of criminal profiling is subjective. Errors could be made on a few occasions.
2. Issue of bias or arbitrariness.

RECOMMENDATIONS

1. Training and Expertise: Law enforcement agencies should be trained to the point of mastering the craft having known that criminal profiling is subjective.
2. Technological Integration: Technological inventions should be in place to mitigate any errors from happening. The law enforcement agency should incorporate technological tools in aiding criminal profiling.
3. Legal Framework: Legislations on criminal profiling will ensure checks and balances. It will tailor the extent of the powers of law enforcement agents in employing criminal profiling.
4. The accused must be reminded of his fundamental right of freedom from discrimination.^[16]

CONCLUSION

Incorporation of criminal profiling into law enforcement agencies in Nigeria is advantageous for effective solving of crimes. It will fast-track crime-solving and mitigate the occurrence of crimes in Nigeria. However, it is germane for law enforcement agents to be properly educated on criminal profiling because of its nature of subjectivity. Continuous improvement, training, and collaboration are key elements in harnessing the full potential of criminal profiling in Nigeria. This essentially will curb biases and arbitrary acts among law enforcement agents.

1. Blackburn R. “The Psychology of Criminal Conduct: Theory, Research and Practice” Wiley and Sons. (1993) ↑
2. Wilson, D., Jackson, C.A. and Rana, B. “Against the medical- psychological tradition of understanding serial killing by studying the killers: The case of BTK” (2010 )Available at. Amicus Journal, op. cit. fn pg 8–16 accessed on 22^nd April, 2024. ↑
3. See Brent E. Turvey, Aurelio Coronado, in Criminal Profiling (Fifth Edition), (2023) accessed on 21^st April, 2024. ↑
4. Snook, B., Cullen, R.M., Bennell, C., Taylor, P.J. and Gendreau, P, “The criminal profiling illusion: What’s behind the smoke and mirrors”- Criminal Justice and Behavior, (2008) op. cit. fn 1257–1276.  ↑
5. https://www.npf.gov.ng/departments/investigation.php ↑
6. Douglas, Criminal Profiling From Crime Scene Analysis; Behavioral Sciences and The Law (1986) accessed 21^st April, 2024 ↑
7. Ronald. M. Holmes., and Stephen T. Holmes, “Profiling Violent Crimes: An Investigative Tool, (1996,) available at Thousand Oaks, Sage Publications accessed on 22^nd April,2024. ↑
8. Trager, J. and Brewster, J “The effectiveness of psychological profiles’. Journal of Police and Criminal Psychology”, op. cit. fn pg 16: 20–28 accessed on the 22^nd April, 2024. ↑
9. Steven A. Egger, 1999, Psychological Profiling: Past, Present, and Future, Journal of Contemporary Criminal Justice, vol. 15, No.3, (1999) accessed on 22^nd April, 2024. ↑
10. Check http://forensicvictimology.blogspot.com/2013/07/Criminal-Profiling-Behavioral-Evidence-Analysis.html accessed on 22nd April, 2024. ↑
11. (2006) LPELR-11751(CA) ↑
12. (2004) LPELR-3116(SC) ↑
13. (2011) LPELR-12444(CA) ↑
14. Section 68, Evidence Act 2011 ↑
15. Section 82(a) Evidence Act 2011 ↑
16. Section 42, 1999 Constitution ↑