The critical analysis of the Hebenton and Pease is based on Bull and Carson handbook. This work throws light on the sentences ruled by judges in criminal cases. Researches of beliefs, attitudes, and reasons of judges do not always give an accurate picture of the ways they rule the sentences. Thus, sentencing is considerefd like a mystery, characterised by a strong officialism, which concerns the external appearance and structure. There are numerous factors that play an important role in influencing judges’ decision regarding criminal cases.
Whe making a decision/verdict, a judge is guided by professional knowledge and life experience and inner conviction. And because of subjective reasons, when considering the same types of cases by different people decisions will always be different, and sometimes significantly.
At any point within the trial a judge mainly bases the verdict on the same basic assumptions in their professional field, relying on some sort of overall picture of a person’s world, which provides a basis for discussion of a particular behavior. Once theere were two aspects: people are basically rational and tend to think soberly. Secondly, most of the deviations from rationality are explained by emotions. Consistent mistakes in thinking are often caused by the mechanism of thinking than thinking process violation under the influence of emotions.
It is known that the judgment can be affected by quite a lot of diverse factors – psychological, industrial, institutional, economic,personal, and the like. These can also include professionalism of judges; organization of the judicial process; composition of the process; geographical location of the court; procedural form of decision – oral or written; time of year, day of the week, working day hours and even days, family and personal circumstances, court staff, etc.
The main psychological aspect lies in the fact that every decision of the judge has the recipient. It always gives rise to consequences for several people. The judge is personally responsible for the decision. The judicial decision is always read, appreciated, weighed, criticized, given another interpretation, may be canceled, considered illegal, tested for the possibility of execution.
The mental setting, on the one hand, performs a positive function, as a kind of psychic guarantee of maximum usage of accumulated knowledge. Under it influence mental, cognitive processes of a man become strictly selective, and therefore each new problem is solved by the way it has previously been solved. On the other hand, the mental unit can push a judge to erroneous conclusions and decisions.
The critical analysis of the Hebenton and Pease is based on Bull and Carson handbook. This work throws light on the sentences ruled by judges in criminal cases. Researches of beliefs, attitudes, and reasons of judges do not always give an accurate picture of the ways they rule the sentences.