If you have ever seen judges pass a death sentence in a courtroom scene in movies and heard stories of judges breaking their pen after their final judgement, you’ve probably asked yourself, Why Do Judges Break Their Pen? Some say it could be part of a ritual while for some it becomes the law of the land. But, what is actually the underlying reason?
I get on with the research, the more I learn about this issue, the more I find having diverse views of why judges break their pen.
Some consider these a sign of closure while others think it is a grieving way of a judge stating that he/she derives no joy of placing his/her death penalty on a subject.
In this article I intend to elaborate on the thoughtfully assembled set of justifications which explains this phenomena, including the origins and whether it still exists today. Furthermore, I intend to bust some misconceptions many have regarding the procedure.
Is It True That Judges Break Their Pen?
To start off, know that judges do not always, nor is it a must to break their pens after issuing a death penalty. This act has come to be regarded as an unofficial, and non-obligatory practice. However, some judges in the earlier days did it to demonstrate that the case was closed.
Breaking pen into two after signing a death sentence is a phenomenon attached to both British and Indian courts.
This particular practice is more representative of custom than enforsed law. Some judges in Nigeria, may be inclined to indulge in this practice, though it is quite rare.
Why Do Judges Break Their Pen?
Judges break their pen after passing a death sentence as a symbol of the finality of their decision. It shows that the verdict is irreversible and cannot be changed.
It also represents the emotional burden of sentencing someone to death, as no judge takes pleasure in such a judgment. The act signifies that the judge has fulfilled their duty but does not want to use the same pen for any other ruling.
This practice comes from colonial times, particularly in British legal traditions, and has continued in some countries like India.
While it is not a legal requirement, it is a symbolic gesture that reflects the seriousness of the sentence.
The Symbolism Behind Breaking the Pen
The act of breaking a pen carries deep symbolic meaning. Here are some reasons why judges might do it:
1. A Sign of Finality
When a judge sentences someone to death, it is the highest and most severe punishment in the legal system. By breaking the pen, the judge shows that the decision is final and cannot be changed. It is a way of saying, “This is the end.”
2. A Way to Show That They Do Not Enjoy It
No judge likes to sentence someone to death. Even though it is their job, it is a difficult and emotional decision. By breaking the pen, the judge might be showing that they do not take pleasure in giving such a punishment.
3. To Show That the Pen Should Not Be Used for Another Death Sentence
Some people believe that breaking the pen means the judge does not want to use it to write another death sentence. It is like saying, “I hope I never have to do this again.”
4. A Gesture of Respect for the Life Being Taken
Some judges might break the pen to show respect for the person who is about to be executed. Even though the person has been found guilty of a crime, the judge may still want to acknowledge that taking a life is not an easy thing.
Is This Practice Still Common Today?
In many modern legal systems, judges do not break their pen after delivering a death sentence. The practice was more common in older times, especially in British-influenced courts.
Today, judges follow legal procedures, and breaking a pen is not a required part of sentencing. However, some judges might still do it for personal reasons or as a symbolic gesture.
Where Did This Tradition Come From?
The idea of judges breaking their pen is believed to have started in British courts and later spread to other countries.
Some historians say it may have come from an old practice in India, where British judges broke their pen after sentencing someone to death.
In Nigeria, there is no official record that says judges must break their pen. However, since Nigeria’s legal system is partly influenced by British law, some judges might have followed the tradition in the past.
Does It Happen in Nigerian Courts?
As I looked into this topic, I did not find any official rule that says Nigerian judges must break their pen after giving a death sentence.
Most Nigerian judges follow legal procedures, and their focus is on the judgment, not on breaking a pen.
However, there have been reports that some judges have done it as a personal gesture. But it is not a common practice, and it is not required by law.
My Thoughts on This Tradition
As I, Prudent Joshua, researched this topic, I realised that breaking a pen is more of a symbolic act than a legal requirement. It shows the emotional weight of a death sentence, but it does not affect the judgment itself.
Today, the legal system has evolved, and judges do not need to follow old traditions like breaking a pen. What is most important is that justice is served fairly.
Common Myths About Judges Breaking Their Pen
There are many myths surrounding this practice. Let me clear some of them up.
1. Myth: Judges Must Break Their Pen by Law
Truth: No law states that judges must break their pen. It is just a tradition that some judges choose to follow.
2. Myth: It Cancels the Death Sentence
Truth: ☺️ Some people believe that if a judge does not break their pen, the death sentence is not valid. This is false. The sentence remains valid whether the pen is broken or not.
3. Myth: It Is a Religious or Spiritual Act
Truth: Some people think breaking a pen is related to religion or spirituality. But it is simply a symbolic act to show the seriousness of the sentence.
4. Myth: It Happens in Every Country
Truth: Not all countries have this tradition. It is mostly linked to British and Indian legal systems.
What Happens After a Judge Gives a Death Sentence?
In modern legal systems, once a judge delivers a death sentence, several things happen:
1. The convict has the right to appeal. The case may be taken to a higher court.
2. The governor or president can grant clemency. This means they can reduce the sentence.
3. If all appeals fail, the execution is carried out according to the law.
My Personal Experience and Thoughts
As a law student, this custom is quite fascinating to me. It indicates that judges, too, are burdened with the consequences of their choices.
Legally speaking, snapping a pen does not alter anything, but it does serve as a reminder that the life of a judge is not always as simple as it seems.
Some people say that judges show no compassion when they hand out a death sentence. However, the reality is that they are simply executing the law.
Before an individual is sentenced, the judicial system ensures that fairness is maintained and the judges follow set procedures and protocols.
Conclusion
Some judges break their pens after giving a death sentence.
This is not a rule, but a custom.
Judges do this to show how serious their decision is.
It helps them remember the big responsibility they have.
But, nowadays most judges, at least in the advanced societies, do not observe this custom. The emphasis is trying to make sure that justice is done in accordance with the applicable law.
Breaking a pen does not change the verdict in any respect. It is simply how some judges vent their sentiments of the responsibility which their verdict places upon them.
I trust that this article has assisted you in understanding the reasons why judges break their pen. Please do not hesitate to express your thoughts.
