Judges are experts in dealing with laws and facts..they are wise as well..but after all they are human beings, as a matter of course they too are prone to misinterpretations, confusions etc. So what if a judge fails to make a decision..??
Is a deadlock situation possible while making a decision..??
Here’s the answer..
Practically this situation never arises..so a judge is always able to make a decision!! Law has every thing settled.
Where the court is unable to make up its mind due to equally favourable and unfavourable situation, there is existence of reasonable doubt. Which simply means that the evidence of the prosecution was not sufficient to sustain the guilt of accused beyond the point of moral certainty. In this situation Equipoise doctrine comes to its aid.
This rule states that when the evidence of the prosecution and the defence are so evenly balanced that the appreciation of such evidence calls for tilting of the scales in favour of the accused. Thus the evidence of the prosecution must be heavier to overcome the presumption of innocence of the accused.
The equipoise rule provides that where the evidence in a criminal case is evenly balanced, the constitutional, presumption of innocence tilts the scales in favor of the accused.
The party that does not have the burden of proof has the favour in this situation.
Therefore in such a situation, according to the doctrine, in a civil proceeding the defendant must prevail and in a criminal proceeding where the court has a reasonable doubt the accused must prevail, as the plaintiff/prosecution has failed to fulfill its burden of proof. Remember that the right to be presumed innocent until proven guilty can be overthrown only by a proof beyond reasonable doubt. Absence of such proof is the basis of acquittal.
So judges may make bad decisions but they can never fail to make one…!!
Conclusion is: When the judge cannot make a decision the judgement is always “not guilty” 😜 .
LAWSHIP 