Sage-Tips

What factors may a judge consider when deciding an appropriate sentence?

In determining the sentence, the judge or magistrate must take into account a number of factors, such as:

• the facts of the offence.
• the circumstances of the offence.
• subjective factors about the offender.
• relevant sentencing legislation and case law.

Which theory of punishment is based on the rule of natural justice expressed in the maxim an eye for an eye and a tooth for a tooth?

The retributive theory of punishment is also known as the “Theory of Vengeance”. This theory was based on natural justice, which is expressed by the maxim “an eye for an eye and a tooth for a tooth”. It means that the pain to be inflicted on the offender of the act in the same way as he did.

Why the same crime has such a wide range of punishment?

The range theoretically allows the court to impose a sentence that is appropriate to the circumstances of the crime— age and criminal record of the offender, the presence of aggravating and mitigating factors that affect how the crime is viewed by society.

What are mitigating factors?

In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.

Which theory of punishment is based on an eye for an eye principle?

talion
talion, Latin lex talionis, principle developed in early Babylonian law and present in both biblical and early Roman law that criminals should receive as punishment precisely those injuries and damages they had inflicted upon their victims. Many early societies applied this “eye-for-an-eye” principle literally.

Which law states an eye for an eye?

Retribution is based on the concept of lex talionis—that is, the law of retaliation. At its core is the principle of equal and direct retribution, as expressed in Exodus 21:24 as “an eye for an eye.” Destroying the eye of a person of equal social standing meant that one’s own eye would be put out.

What are the major considerations for judging whether the defendant is found guilty or not?

For instance, judges may typically consider factors that include the following: the defendant’s past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant genuinely feels remorse.

Which of the following is most likely to be considered a limitation of the crime Victims Rights Act quizlet?

Which of the following is most likely to be considered a limitation of the Crime Victims’ Rights Act? It does not establish statutory rights for victims of state crimes. Which of the following is true about victim-impact statements? Victim-impact statements do not appear to have much effect on sentencing decisions.

What is the punishment range for a serious crime as per the Indian criminal justice system?

Section 53 of IPC reads that there are six types of punishments available under the law of India, those being, death, imprisonment for life, rigorous imprisonment or simple imprisonment, forfeiture of property and fine.

Is an eye for an eye an effective punishment?

It is only when a punishment fits the crime that it meets the three criteria for morality and effectiveness. A common argument against an eye for an eye is that it does not make restitution to the victim. Let’s say I take out your eye, and now the court takes out mine.

What does an eye for an eye mean in law?

When we feel that someone has treated us unjustly and we cannot resolve the issue with them directly, we are instructed to turn to courts of law, not to take justice into our own hands. An eye for an eye means that the punishment should fit the crime.

What are the arguments against an eye for an eye?

A common argument against an eye for an eye is that it does not make restitution to the victim. Let’s say I take out your eye, and now the court takes out mine. You get a temporary jolt of pleasure of revenge, but before long all we have is two bitter sight-impaired people.

Should eyewitnesses be allowed to be in court?

Therefore, if eyewitnesses are allowed to be in court, the judges need to factor in the circumstances they were in and on these grounds weigh up the importance and reliability of their testimony. The so called system variables, on the other hand, can actually be controlled by the system.