NCJ Number
88179
Date Published
1982
Length
12 pages
Annotation
The judge in a criminal trial effects a balance between the police and the accused and has much more onerous duties than was the case even a few years ago.
Abstract
The public believes that the judge's position ensures that justice is always done, meaning that the guilty will be convicted and the innocent freed. However, the judge's ability to live up to the public expectation can only be regarded as minimal with regard to ensuring conviction of the guilty; ability to ensure that the innocent are freed has increased in recent years. Nevertheless, the judge should be hesitant to find defense beyond those established by the accused's representative. Protection of the innocent is best achieved through judicial direction of the jury and through control over the evidence which is put before the jury. In addition, decisions as to whether a confession is voluntary are ultimately resolved by the judge, ensuring another vital protection of the accused. A voir dire must be held not only when the accused acknowledges making a confession put forward by the Crown but also when he denies this. With regard to trial publicity, justice will not suffer merely because the media makes a statement about the case. Jurors are able to try a man on the evidence that they hear in court and to disregard other information. Finally, the judge plays a crucial role in long trials involving examination of company records and documents. Jurors are capable of understanding complex materials with proper judicial guidance.