Do you know what keeps going on in mind of a Judge when he is giving death sentence to a convict?

I know a former Supreme Court Judge. He never gave death sentence to anyone. Probably he believed that "Human beings are inferior to God. The God has not given us power to give life to someone. So we legitimately we have no right are to take anyone's life."


On other hand, I have seen a Judge who thought that it was a pious duty of a Judge to give death to brutes who have taken lives of other innocent persons. He also gave a Death Sentence a lawyer who was practising in his own court.

All Judges are somewhere between these two views.


Law gives power to every judge, upward a District Judge, to award a Death Sentence to convicts.

The mind of a Judge works in two parts:

1) First, he is focused on only one issue. Is it proved that this man has committed crime beyond any reasonable doubt? Is the conviction in accordance with facts and law?

He checks and rechecks every single piece of evidence. Here, he probably does not think whether the man should be given Death or not. His sole attention is to decide whether the man has committed crime or not.

2) Once he decides that the man has committed a crime which is also punishable with death, then that issued is closed and locked in mind of Judge. He no more have to think further or to hear further on whether the man has committed crime or not.

Now he is solely focused on one issue - Should the man be given death sentence? Or should he be give jail term for life?

He asks lawyers of both sides to argue on this issue only as much as they want. The lawyers put one by one factors of case in mind of Judge. The Judge keeps listening with all the attention he can give.

Then his mind becomes "charged".

Something clicks in his mind. Some voice inside him strongly and clearly tells him whether death should be given or jail for life should be given.

To check this voice doubly, he thinks aloud. He lets lawyers know about direction in which his mind is going. He lets lawyers argue further till he becomes sure about his decision.

And then he passes order of Death sentence or of Jail for Life. During the process, his mind remains charged with facts of the case.

The Judge is least bothered about what media will say, or what TV debates will say etc. In fact, he keeps himself away from reading or viewing such debates, to keep his mind free from any prejudice.

He keeps himself focused only on what is being spoken in court and what is in case papers and he lets nothing else enter in his mind.



Haresh Raichura
2/12/13






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