Emotions & Judges
Judges are not a personality untouched by emotions. It is believed for a judge to be very rational and reasonable. But judges being a human being cant avoid the most important aspect Emotion. A judge cant be emotionless while judging and provide with all rationality. It is not possible to deliver a judgment without getting swayed by the emotions of the courtroom hall. Judges in the past have delivered judgments under great emotional influence.
There are many factors that affect the judgment of the courts, such as emotional inclination of the judge, evidence, public feelings, victim impact statement.
It is very important to notice a judge’s emotional inclination, because it will govern the whether the judge has some sympathy for the victim or not. For example Judges such as Krishna Iyer and there emotional inclination towards the downtrodden and suppressed so it is very much possible that he would have convicted a capitalist. There are demands by the National Commission for Women that the rape cases should heard by female judges, just because the female judges would have there emotional inclination and sympathy towards the victim and it is very much possible that injustice is not done.
Victim Impact Statement
Victim Impact Statements are those written or verbal statement which form a part of a judicial legal process, which give a opportunity to the victim of crime to speak during the sentencing of the attacker. Victim impact statement have a very great emotional affect over the judge and are likely to change the course of trial.
Many a times public emotions and media also pursue the judges to deliver a judgment which otherwise they would have not.
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Tags :Constitutional Law