The Sentencing Crisis & Procedural Failures

The last process in the criminal justice system is sentencing, and not conviction.Sentencing is the crucial junction where judicial discretion turns the legal concepts to punitive conclusions.Nevertheless, the contemporary criminal justice systems are all experiencing what can be termed as a sentencing crisis particularly in India.The characteristics of this dilemma include inconsistency, arbitrariness, ineffective reasoning, absence of formal norms and procedural errors that undermine proportionality and fairness.Procedural errors such as the bad sentencing hearings to wrong assessment of the mitigating and aggravating circumstancesAs a critical examination of the nature, causes and effects of the sentencing problem and procedural flaws in the Indian criminal justice system, the study uses court precedents, comparative jurisprudence, and constitutional mandates.