legal procedure question.

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watching some old hong kong shows, when the judge sentence someone to death penalty, he needs to put a black thingy on his head. why?

 

Maybe it is something like judges' breaking of their pens after sentencing someone to death penalty. A ceremonial thing or a habit or something like that

 

Ceremonies are important in courts and I can't think of any practical reason for the black thing on the judge's head. Same as people standing up when addressing the judge or even the judge standing up when oaths to tell the truth are taken where I live.

Have you read Martin's novels? In that world, lords who sentence people to death or even decide an animal must die have to (be able to) carry it out themselves as a matter of honour. The idea is that he shouldn't pass a death sentence if he wouldn't be able to execute the person himself (and I don't mean physically able, but more like look in the person's eye). You won't find that nowadays in civilised countries where death penalty is still there, but you will find the idea that the judge(s) shouldn't take it lightly when they sentence someone to death. Like then pen used to sign someone's death sentence shouldn't be used to make a shopping list the day after.

This said, I still don't know about the black thing. Maybe a sign of respect and grave mood, or maybe of a very special and high authority the judge has to use to rule someone dead. Or maybe something religious or mythological...

 

black thing = a square black cloth/mesh.
It only happens when the judge announce death penalty. Because it was colony hong kong show, so i am guessing it is a British court procedure.

 

General answer - black is the (usual) color for mourning.

Which 'he' is wearing the black cloth - the judge or the accused?

 

I don't think it's British, more like something local. At least the square cloth itself.

 

http://en.wikipedia.org/wiki/Black_Cap

this is from wiki, now, about its origin and reason....

(i knew it was british)