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Judges don't decide cases. The jury does. Judges are there to lead the proceedings and instruct jurors in matters of the law. No evidence or facts exist outside
by wookasz 10y ago
Judges don't decide cases. The jury does. Judges are there to lead the proceedings and instruct jurors in matters of the law. No evidence or facts exist outside the courtroom. Only what is stated in court can be considered. It is against the law for a juror to research an issue outside the courtroom.
- derefr 10y agoMost trials don't have juries. Think small-claims court, divorce court, etc. That's the default—the judge, judging. Jury-trials are a special case, there for when where no judge could be impartial enough, but they're still implemented in terms of a judge sitting there and then delegating some, but not all, of their responsibilities to the jurors.
- cplease 10y agoThe entire story here is about crime, specifically in the USA. All criminal defendants in the USA are entitled to a trial by jury on all factual elements of the offense to reach a verdict, unless explicitly waived by the defendant. Most defendants waive a trial (usually by plea of guilty), but relatively few who go to trial waive a jury. Judges do rule on pretrial proceedings including warrant applications; although in federal and some state jurisdictions grand juries still return indictments on felonies. That said it is wrong that judges do not decide criminal cases. Besides ruling on evidence and instructing jurors, they can also acquit, dismiss, or declare mistrial without the jury. N.B. Right to jury may not apply to so-called "petty" and/or non-criminal offenses which can carry as much as 6 months jail.