Tag: sentencing

Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

~ cclsnluj ~ Leave a comment

-Mudrika Agarwal In this article, I examine offence-based restrictions on parole and furlough, arguing that it currently institutionalises discrimination. To address this, I put forward a case for an individualised, rehabilitation-focused decision-making process to decide parole and furlough applications. The grant of parole and furlough is largely based on the interplay of two significant considerations … Continue reading Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

The 283rd Law Commission Report – Better If Not Implemented

~ cclsnluj ~ Leave a comment

- Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented

Sentencing Policy of India: A Critical Analysis and Suggestions [Part II]

~ cclsnluj ~ 1 Comment

By Shivam Mishra and Dharmesh Basedia In the concluding part of the bipartite blog series, the authors continue their discussion on the undesirable effect of Indian sentencing policy in the constitutional touchstone. An imperative analysis of the Constitutional touchstone has been followed by suggestions including the adaption of measures enshrined under the Coroners and Justice … Continue reading Sentencing Policy of India: A Critical Analysis and Suggestions [Part II]

The Sentencing Policy of India: A Critical Analysis and Suggestions [Part I]

~ cclsnluj ~ 1 Comment

By Shivam Mishra and Dharmesh Basedia In the opening part of this bipartite blog series, the co-authors take a gestalt perspective to carefully analyze the sentencing policy of India, its evolvement and ranging wide discretion power entrusted to judges. The compelling concern of such wide range power and its effect in the form of different … Continue reading The Sentencing Policy of India: A Critical Analysis and Suggestions [Part I]

Analysing The Use Of Artificial Intelligence in Criminal Sentencing through the Loomis Decision

~ cclsnluj ~ 2 Comments

By Rishabh Warrier Introduction Modern times have seen our lives being pervaded by algorithms, from suggestions on Netflix to music recommendations. An area where this pervasion is seeing a stark increase is in the domain of criminal sentencing. Prisons in the United States hold more people than any other country across the world. This problem, … Continue reading Analysing The Use Of Artificial Intelligence in Criminal Sentencing through the Loomis Decision

Scope of Judicial Discretion in Sentencing

~ cclsnluj ~ Leave a comment

By Nipun Kalra INTRODUCTION Judgement is not upon all occasions required, but discretion always is. -Philip Stanhope Discretion is said to be the right or the power to make official decisions using reasoning and accurate judgment of the circumstances while choosing from the available alternatives. The exercise of this power is considered to be omnipotent … Continue reading Scope of Judicial Discretion in Sentencing