Скачать или смотреть What factors influences a Judge's decision the most? Criminal Law Solicitor Dublin Ireland

What things might a Judge be impressed by?

Some things are fairly obvious: sitting in court and behaving in a respectful manner. Another is coming to Count well dressed. This issue comes up quite a lot. I am repeatedly asked by people how they should dress for Court. I am asked this question so often that it is clearly something that concerns people quite a lot.

Firstly, you should always dress formally for Count. Always. There are many good reasons for this but two stand out.
Being well dressed conveys a certain impression to the Court. It conveys the impression that you are a serious individual and that you ought to be treated seriously.
This is important. Whether you like it or not criminal courts are places people from a certain background tend to congregate.

Your job is stand out from them.

Even if this is all that you do, it gives you a slight advantage, and in cases where a Judge has wide discretion on what penalty to impose, dressing appropriately and respectfully for Court is the least that you should do. Remember these costs nothing but can sometimes mean a great deal.

Secondly, dressing appropriately for court is a mark of respect to the court, to the Judge. You must remember that a Judge sees themselves as the independent arbiter of disputes that come before them. Their role is an ancient one and in society a Judge has been a privileged member of any society who must be accorded respect.

They undoubtedly take the view that the people who come into their Court ought to take the same view. Where they don’t, where people come to court either poorly dressed or dressed in inappropriate attire, it naturally creates a negative perception. Creating a negative perception of yourself before your case has even started is incredibly careless

Its important to understand that Judges are human. They occasionally get distracted during the course of a trial and look around them. One of the things that they look at is the body of the Court.
If you're in court for most of the day before your case is called, there is high likelihood that the Judge will have seen you at least once, and probably more. Knowing this, what impression of you do you want the Judge to take away?


The key differences between civil law and criminal law are found within the courts themselves, since criminal cases are usually pursued by government officials, while civil cases are either brought by plaintiffs, or by private individuals/organizations. The key difference between civil and criminal law deals with individuals committing an offense against another individual. Because the rules or laws that are broken vary between civil and criminal law, so does the particular act in question.

Another differentiator between civil and criminal law is the burden and standard of proof.
The burden of proving a civil case usually rests with the “moving” party i.e. whoever is suing.
For example if I sue you I must prove my argument against you on the preponderance of evidence.
This is usually measured at 51%. This means I must prove that my argument is more likely than not to be correct to at least that extent i.e. 51%.
However, it is up to you as the Defendant to introduce evidence of your own that tends to disprove my case.

In criminal law this is not required.

The defendant in a criminal case does not have to prove anything. They may sit back and remain completely silent while the State attempts to prove their guilt beyond a reasonable doubt. If the State does meet this very high standard then the State has “met the threshold” and the Defendant will be convicted.
If the State does not they will be acquitted.






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