What factors do judges consider when make decision on sentencing?

A judge must impose a sentence that is sufficient, but not greater than necessary, to: reflect the seriousness of the offense; promote respect for the law; provide just punishment for the offense; adequately deter criminal conduct; protect the public from further crimes by the defendant; and provide the defendant with …

How do you convince a judge in court?

How to Persuade a Judge

1. Your arguments must make logical sense.
2. Know your audience.
3. Know your case.
4. Know your adversary’s case.
5. Never overstate your case.
6. If possible lead with the strongest argument.
7. Select the most easily defensible position that favors your case.
8. Don’t’ try to defend the indefensible.

Are judges held accountable?

Judges must, therefore, be accountable to legal and ethical standards. In holding them accountable for their behaviour, judicial conduct review must be performed without invading the independence of judicial decision-making. Instead, they make rulings on the law.

What are three 3 aggravating factors used in the sentencing process?

Aggravating factors are the reasons judges use when choosing a sentence that is higher than the average term. They include the severity of the crime, the vulnerability of the victim, and the history of the defendant.

How can I fight my own case in court?

Provision for Fighting One’s Own Case as per Advocate’s Act. Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one’s own case through Advocate Act in India.

How are judges accountable?

Despite their independence, judges are accountable for their actions and decisions. Hearings, trials and rulings are open to public scrutiny, so justice is seen to be done and citizens and the media can discuss and criticize the work of the courts.

How judges in India are held accountable?

Article 235 of the Indian Constitution provides for the authority any High Court has over the Subordinate Courts which clearly hints on the effective mechanism necessary to enforce accountability. There exists no other way in which a judge can be removed except through impeachment.

What is the problem of delay in Indian judicial system?

The problem of delay in Indian judicial system has been studied extensively by the Indian Law Commission over the years. In these studies, infrastructural deficiencies have frequently been blamed for the delay. Accordingly, more courts and more judges are seen as a solution.

Do courts contribute to the delay problem?

In these studies, infrastructural deficiencies have frequently been blamed for the delay. Accordingly, more courts and more judges are seen as a solution. However, a cause that remains under-examined in the literature and public discourse on delay is the contribution of the courts to the problem by non-adherence to procedural timeframes.

What are the remedies for undue delay in judgement?

In case of any grievance relating to undue delay in judgement or unfair judgement or miscarriage of justice, the petitioner is advised to resort to judicial remedy by filing appeal or any other proceedings before the appropriate Court of Law within the prescribed time limit.

Is the litigant responsible for delayed judgement?

It may not be entirely correct on the part of the litigant to attribute all the delay to the judge since the lawyer and the other party are also part of the proceedings. However, there is one stage where the responsibility for delay (if any) can be placed solely on the judge—delivery of judgement after arguments are complete.