Criminal

Casinos and Used Car Sales: The Criminal Justice System

By September 24, 2015 No Comments

The Judges, Part 3 of 12

It is very important to mention that, unlike, unlike other systems, the Judge of a Court doesn’t see, hear or know the facts of a case unless, and not before, the case goes to trial. And even then, in a Jury trial, a Judge will not normally see or hear evidence, say an opinion, or decide guilt or punishment.

The accused has the Constitutional right to choose between a Judge and a Jury.
Judge only reviews evidence or hear testimony when there is a legal issue to resolve. Like a Motion to suppress an accused’s statement or a search for evidence.

The Judge is the Referee or umpire who decides what evidence or testimony is admissible in the trial or if the Prosecutor or Lawyer committed a “foul.”
Was it a penalty or not?

And if an accused loses at trial, she can only appeal a mistake by the Judge or a mistake that her lawyer made, but only if it made a difference in the result of the case.

Keep in mind then, that a Judge’s job (generally) is not to decide a person’s guilt, innocence or punishment. Her job is to make sure both sides follow the rules and move cases so the court will not become paralyzed by the caseload.

Francisco Hernandez

Author Francisco Hernandez

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