Sentencing Disparities In Rape Cases: A Comparative Study Of Judicial Discretion And Legal Standards
- IJLLR Journal
- 4 days ago
- 1 min read
Dr. Mamta Kumari, Assistant Professor, Faculty of Law, The ICFAI University, Himachal Pradesh
Kajal Chauhan, Research Scholar, Faculty of Law, The ICFAI University, Himachal Pradesh
ABSTRACT
Cases involving sentencing disparities are a serious problem and ongoing issue in numerous legal frameworks globally. Judicial flexibility permits tailored judgments but can lead to disparate results that lose trust in the legal process. The study examines how various elements such as legal judges' decisions, societal norms, and court procedures lead to differences in punishment for sexual assault convictions. By examining selected regions, this research assesses how varying laws and governmental procedures affect judicial decisions in terms of punishment uniformity. The results underscore the conflict between requiring flexible courts and ensuring fair practices, highlighting the importance of formal review processes by higher courts and legal education programs aimed at reducing inequalities. Proposals suggest modifications to policies aimed at improving clarity of justice processes regarding sentences given for rapes.
Keywords: sentencing policy, rape, rape laws, sentencing disparities, judicial discretion.
