Sentencing Policy: Pre-Sentence Hearing & Pre- Sentence Reports: Comparative Analysis

Ramya Krishna, LL.M, School of Legal Studies, Cochin University of Science and Technology, Kochi

ABSTRACT

"Punishment alone can procure safety and Security of life when the law of punishment is kept in abeyance it genes use to the law of jungle. He adds that punishment if ill awarded under the influence of greed and anger owing to ignorance is also harmful and against natural justice."

Punishment is imposed for social discipline and do, Justice and if the punishment itself becomes unjust on account of unbridled and unregulated serif discretion nesting in the judiciary it would breed contempt about the justice delivery system and violate rule of law. The principle of proportionality is the principal consideration in setting penalty level. This along with the perceived procedural fairness are key factors bringing about compliance with the norms or law. Just desert as a thereof criminal punishment proposes reduced judicial discretion in sentencing and specific sentences for criminal conducts with little or no regard to the individual offender. The sentencing discretion vesting in the judge’s genes them the space to individualize punishment depending upon specific facts and circumstances of a particular case. The Sentencing policy reflects the measure of judgment and the rationale, the society has for certain crimes.

Keywords: Pre-sentence hearing, pre-sentence reports, sentencing