THE ROLE OF A FORENSIC EXPERT IN THE EVALUATION PROCESS OF MITIGATION OF DEATH PENALTY: LESSONS FOR NIGERIA FROM THE UNITED STATES OF AMERICA

Death penalty is one of the capital punishments for grievous crimes in the world. The death penalty has been a topic of controversy from the issue of its constitutionality to the variability in its application in the world. The author provided a focus upon the role of the forensic psychologist, specifically as it applies to mitigation. Case study review of forensic case indices from American population was employed by the author and contrasted with the practice in Nigeria. The author obviously found that looking at the development of the death penalty; it becomes clear that there remained serious problems with the structure of capital trials and the imposition of the death penalty in Nigeria. The author further stated that, in trying to address some of these problems, the legal community should increasingly focus on the importance of the development and presentation of mitigation evidence. In this endeavor the efforts of forensic psychologists can be of great importance to both prosecution and defense attorneys, jurors and the judicial detennination about the appropriate punishment to be imposed, i.e either death sentence or alternative offer of life imprisonment. To achieve this, the author recommends that there should be increase understanding of the relationship between psychologists and lawyers in Nigeria through publications on issues of law and psychology in Nigerian jurisprudence. This will increase lawyers’ knowledge of forensic psychology and the entire forensic science, while at the same time increasing psychologists' knowledge of criminal law so that they can interact with judges, attorneys and other legal professionals for effective justice dispensation. In addition, Nigerian universities should offer joint academic programs in law and psychology. This will no doubt foster continuing communication and learning between psychologists and lawyers and this will enhance justice dispensation in Nigeria.