Who is the Judge and what is his role?
The judge is the person who is elevated on the bench at the front of the courtroom. While the law requires the judge to rule on the “admissibility” of the evidence at trial, the jury is empowered by law to rule on the “reliability” or “credibility” of the evidence. The judge must not influence the verdict of the jury. If the final verdict is guilty, the Judge will decide the sentence. The jury cannot consider what the award might be when deliberating the facts. The role of the judge and the role of the jury in the trial are separate and distinct.
If you decide to take your case to court alone without a jury, several factors come into play:
¨ The Judge will decide on the admissibility and reliability of the evidence.
¨ The trial will be much shorter. The judge can complete a three-day jury trial in one afternoon.
¨ The drama seen in jury trials is discreet in a judge’s trial.
¨ Both the judge and the prosecutor are State employees but their functions and requirements are
theoretically different.
¨ Certain theatrically presented arguments that can be made favorably in the jury have no impact on the
Judge sitting alone as decision maker in the case.
¨ Only the judge decides on all questions of procedure and law, as well as on the facts of the case.
There are fewer checks and balances.
Each judge has their own personality that they bring to their courtroom. This human factor must be taken into consideration just as it is in any other aspect of life. That is why we ask: “Is the judge the enemy with whom we are at war?” Have you played competitive sports? In basketball, for example, your team competes against another team. They both want to win! A referee is hired to order the game according to the same rules that everyone applies to each game. The referee is impartial but has yet to rule in favor of one team or the other. Yelling and yelling at the referee never persuades a change in the decision, but it can influence future calls. It is always in your team’s favor to calm down and abide by the referee’s decision. Play hard, but you have to play by the rules. To do that, it helps to know the rules inside and out.
We can perceive two different pictures of the patio. One is where the judge is very strict and treats everyone equally. The other is when the judge is too friendly with one or more of the lawyers and workers in the courtroom and the atmosphere is too relaxed.
In the case of the Strict Judge, both parties must approach the podium to present their arguments; otherwise, they are not allowed to speak. They must be standing to make their objections. When they sit down, they should remain silent while the other side presents their argument. In the other picture, with a loose or laid-back atmosphere, the familiarity often solidifies into a close-knit judge-prosecutor fraternity that’s very hard to let go of once the jury trial begins. After all, they spend most of the work week together.
You are never sure what situation you will be in for your trial. The defendant cannot predict if the judge is too strict or too loose. However, an astute defense attorney must find out what that particular judge’s tendencies are before he begins the trial. Either way, he’ll want to be respectful of the judge’s office. If you are ever arrested again in the same jurisdiction, you will most likely be assigned to the same judge.
Here are some suggestions for your behavior that will help you with the Judge as a decision maker.
- Be polite; stand up and be quiet as the judge enters and leaves the courtroom.
- Do not speak when the judge is speaking.
- If you talk to your lawyer, whisper or preferably write him a note.
- Keep in mind that after trial, if the verdict is against you, the judge that you have been respectful of at trial will determine your sentence.
- Listen to the Judge and try to understand the Court’s sentences.
Who are the other people up front in the courtroom?
Tea court clerk You typically sit facing or right next to the judge, depending on the layout of the courtroom. This employee works for the Clerk of the Court, who is an independently elected official. The court clerk takes orders from the judge, but abides by procedures established by the clerk’s office. This is not an antagonist to the Defense, so don’t be rude to the court clerk. Nothing is ever gained by fighting with this person. You will see during breaks when the jury and judge leave the courtroom, that the court clerk is often kind, friendly, and courteous to everyone else in the courtroom environment. Since the court clerk does all the court notices, makes the notations in the case file, and literally “has the judge’s attention” throughout the entire case process, you already have an important relationship with that person.
Tea short reporter take note of everything that is said while the Court is in session. The reporter often uses a machine to record a kind of shortened version of the spoken word exchanged between different speakers. They are attentive and focused because if they miss something, they may not keep that job for long. The case file is of the utmost importance for subsequent appeals, referral by the parties or post-conviction courts, and even if the jury wants collation of the testimony in this trial. The reporter generally does not engage in any conversation with other people in the courtroom, even during breaks.
Tea bailiffs or deputies in court They are very important people for the Defense. They have watched hundreds of jury trials and have a good idea of how your particular trial is going. They are a good source of information and advice that is useful for those who listen and pay attention. For example, in a trial where the defendant had long, wild dreadlocks and the only problem was identifying an eyewitness, the bailiff tried to get the defendant to shave his head for the trial. The bailiff told him to try to look like Michael Jordan and for him to be quiet and respectful during the trial. The lawyer, the defendant’s family, and all the courtroom workers gave the same advice, but to no avail. Ironically, the eyewitness found that he had not seen the armed robber’s hair because he might have had a cap. However, the subconscious thought of the jurors was: “If I did not see this man for 10 years and suddenly saw him, I would remember that it was him because of that hair!” He was convicted and sentenced to life in prison. If he had listened to everyone’s advice, the result might have been different.
In court, during your criminal trial, as in all facets of life, the best advice anyone can give you is to try to abide by some of the Boy Scout Law, “Be kind, courteous, good-natured, obedient, cheerful and clean.“Do your best for the trial. Respect the judge, the judicial process, and the courtroom workers who strive to meet those standards every day. If you do your best to exemplify these things, to some degree of grace and mercy can only come to you when you need it most.