Criminal Courts - Chapter 7

Judges

▪ Judges are public officers authorized by law to:

▪ hear legal disputes

▪ administer the law

▪ preside over courts of justice

▪ Often viewed as the most powerful & important actor in the criminal court system.

Judges - responsibilities

▪ In reality, judges' power & actions are greatly limited/driven by, for example, other court actors & formal courtroom procedures that are guided by laws & guidelines.

▪ Examples:

▪ prosecutors – make charging decisions, plea offers, provide sentencing recommendations, & file motions

▪ defendants & their attorneys – determine whether to accept/deny plea offers, go to trial, & file emotions

▪ bail schedules & sentencing guidelines

▪ Active participants at every stage (arrest, pre-trial, trial, & post-trial) of the judicial process.

Arrest

▪ Search & arrest warrant applications submitted by either prosecutors or police officers must be signed by judicial officers.

▪ Judges must review such warrant applications & determine whether probable cause exists that justifies the requested search or arrest.

Pre-trial roles

▪ After arrests, detained defendants appear in court (i.e., in fnront of a judge) for their “first appearance” hearing.

▪ also sometimes referred to as “initial hearing”

▪ must occur within a “reasonable time period” – usually within 24- 72 hours of arrest

▪ During first appearances, judges:

▪ present (i.e., read) defendants of the nature of the charges against them

▪ explain to defendants their rights (e.g., their right to counsel)

▪ make pretrial release determinations

Pre-trial roles - Judges Consideration

▪ When making release determinations, judges consider what conditions are necessary to meet the two following goals:

▪ ensure the defendant's appearance in future proceedings

▪ protect the safety of victims & community at large

Pre-trial roles - Judges Decisions

▪ Judges may decide to:

▪ release defendants on their own recognizance (“ROR”)

▪ set monetary bail conditions

▪ order additional release conditions, including:

▪ no contact with the victim(s)

▪ refrain from alcohol use

▪ report periodically to pretrial services

▪ home detention

▪ electronic monitoring

Trial roles

▪ Following first appearances & arraignment (where defendants enter a plea after formal charging) but before the actual trial begins, the case is assigned to a judge (“trial judge”).

▪ Trial judges

▪ oversee & decide on any filed motions (e.g., motions to suppress evidence)

▪ may encourage the case to be resolved before trial (e.g., via a plea agreement)

▪ During trial, judges, for example:

▪ make rulings on the admissibility of evidence & objections made during attorney presentations

▪ instruct jurors on the law they are to apply in order to reach a verdict

▪ ensure jurors have adequate information to reach a verdict▪ During trial, judges, for example:

▪ make rulings on the admissibility of evidence & objections made during attorney presentations

▪ instruct jurors on the law they are to apply in order to reach a verdict

▪ ensure jurors have adequate information to reach a verdict

Post-trial roles

▪ Once a defendant is convicted, whether via a guilty plea or trial, judges must impose a sentence.

▪ The potential sentences vary depending on the crime(s) committed & the jurisdiction in which the proceedings take place.

▪ Judges may decide to sentence defendants to, for example, a prison sentence or probation.

▪ If a probation sentence is imposed & the defendant violates probation, judges are tasked on making subsequent probation violation decisions (e.g., more stringent conditions, prison sentence, etc.).

Administrative roles

▪ Judges also make many decisions regarding the daily operations of the court & the processing of cases.

▪ Examples:

▪ manage courtroom & support staff (e.g., allocation of duties & addressing personality conflicts)

▪ scheduling responsibilities (e.g., ordering of cases & start/end times of sessions)

Court legitimacy & procedural justice

▪ Throughout the entire criminal prosecution, particularly during trial, judges must ensure that proceedings are conducted in a way that upholds:

▪ the dignity of the proceedings &

▪ the appearance of fairness in the eyes of the public

▪ Doing so is essential to maintaining the legitimacy of the court to thegeneral public.

▪ One way through which the court can maintain its legitimacy is by judgesbeing “procedurally just.

Judicial selection

▪ The concepts of “judicial independence” & “judicial accountability” are at the heart of the different judicial

selection methods.

▪ Ideally, judges should be both independent & accountable.

▪ The different judicial selection methods reflect varying points on the independence-accountability continuum.

Judicial independence

▪ refers to a judiciary that is “free to make decisions without interference from other branches of government or concern for the popularity or the political consequences.”

▪ the role of judges is to faithfully interpret laws & the Constitution

▪ politics or popular sentiment should not be considered

Judicial accountability

▪ Judicial accountability refers to “the ability of society or the government to observe the performance of judges & remove from office those performing below acceptable standards.”

▪ judges make law & policy on behalf of the government & people – should then be held accountable by voters