For Law Students and lawyers : Scope of Pillory Punishments
1/ In middle ages, a wooden plate was fixed around neck and hands of a convict, in such a that he can look like a walking banner. The hands were so fixed in wooden plate that he cannot eat or drink with his own hands.
2/ Then the convict was allowed to move in the town with wooden plate in his neck and hands.
This had dettent effact on people and there used to be less crime (Perhaps).
There are however provisions that
In present times, such punishments are not prescribed in law
3/ That certain crimes can be allowed to be compromised only with permission of Judge only.
This gives some powers to invent some new types of punishments to a Judge..
It was in news some years ago, that a political person was forgiven by judge only if he filed an undertaking
4/ that for one week, he would work as a sweeper in local hospital. A video showing his sweeping entire hospital was to be made and proof was to be filed before the Judge..
1) These are my personal views. There are no hard and fast rules.
Every judge can react differently even if the opening statement of an argument is same.
Use your own discretion, experience and wisdom. #lawstudents#law
2) Do not open arguments by saying that "This is a legal aid matter".
This irks most judges. You are indirectly saying to judge that 'I am obliging this poor person by taking this case, kindly be sympathetic to this litigant*.
Judge may be already knowing that this was a
3/ legal aid case. I have found that judges do not like these kind of opening lines.
Also don't begin by saying that "On last date, in this case such and such Senior Advocate had appeared and.... "
1) I once got a 1939 Bombay Law Reporter issue from old books market.
It contained a section titled "Jokes for Lawyer", "Poems for Lawyers" and "Letters to Editor by lawyers expressing their opinions on recent judgements of
2/ Supreme Court and High Courts.
Then it seemed that these sections were discontinued by law report publishers.
Then, I used to see that there was a section called Journals, articles by lawyers. Sometimes they looked like "Paid Advertisements". But some where really good.But
3/ none used to criticise judgements.
The articles lacked orginal thoughts.
They looked just like quotations from some judgement here and there on a particular topic.
These were not "Articles and original thoughts published for peer reviews".
You will also see human greed and how it grows up within close family members.
You will also see criminality, lust and other vices in cases
2/ In cases, you will see how facts are selected and reordered or presented in such a way that White looks Black and, Black looks White. Innocent can be portrayed as guilty and guilty can be portrayed as Innocent.
You will see lot of misery in litigants.
You will also see
3/ how judges and lawyers treat litigants.
And you will also see that there is nothing much you can do about anything..
At such time, read some books on history of evolvement of law.
You may find that we are far better than our past versions.
1/ The world may not judge you by your potential and desire to work hard.
But I believe that every Law Student is an acorn from which a tall oak tree can grow by natural process. I believe that even without a mentor he can
2/ grow and can stand alone. I believe that in order to shine, he needs no training. No lift is needed. I believe that every oak tree grows tall by inbuilt natural process.
All that is needed is to remove obtactles which prevents an acorn from becoming an oak tree.
The
3/ obstacles may be like a hostile soil, lack of water supply or lack of sunshine.
How these obstacles can be removed?
We may go in a jungle and can ask an oak tree, how it removed its obstacles.
It may reply,
A) "Inspite of hostile soil, I digged my roots deep so that
1/ When people laugh about judgement, it is not good for you if you are a lawyer, a judge or a law student.
2/ Recently some "Captions" or "Headings" of some judgements were so framed, that people laughed at it. No one bothered
2/ to read the judgement itself..
The Courts in India have yet not their own twitter accounts to upload links to judgements in which large public may be interested. Many foreign courts have such twitter accounts maintained by Office of Court, just to upload links to public
3/ At present, as I think, courts in India, rely on private players to upload links to public interest judgements on social media.
This is a "Communication Failure". Because if a judgement contains a message to public, and the judgement does not reach public, then message does