Everyone talks about the importance of an unbiased jury in criminal cases, but you rarely hear about the importance of unbiased judges. People assume, rightfully so, that being impartial is an essential part of your job when you are a judge. Furthermore, when you consider that, in a criminal case, the jurors are the ones who decide whether the defendant is innocent or guilty, the judge’s biases might not seem like such a problem. Judges influence the outcome of criminal cases more than you might think; they don’t decide whether the jury votes to convict or acquit, but they decide everything else.
A Texas criminal defense lawyer can help you exercise your rights in your criminal case so that the judge’s actions do not unfairly prejudice the jury against you.
Directed Verdicts Exist, but There Probably Will Not Be One in Your Case
Jury deliberations are confidential; the judge cannot go into the jury’s chambers and participate in their discussions. When the jury comes back to the courtroom to deliver the verdict, the judge does not know what the verdict will be. Before the jury goes off to deliberate, the judge reads the jury instructions; the judge writes new jury instructions for each case, and the prosecutor and defense lawyer review them and suggest changes before the judge reads them to the jury. The jury instructions should remind the juror of the definition of the crime for which the defendant is being tried, as well as the importance of basing the decision on evidence presented at trial.
Judges have the right to instruct jurors to return a directed verdict; in other words, when the judge is sure that there is only one possible interpretation of events, namely that it is glaringly obvious that the defendant is not guilty, the judge may say this during jury instructions. This is called a directed verdict. Directed verdicts are rare in criminal trials. If it were obvious to the judge that the defendant was not guilty, the judge would dismiss the case before the trial started.
How the Judge’s Decisions Affect the Outcome of a Jury Trial
The evidence presented at trial is a surprise to the jury but not to the judge. During the pretrial phase, the prosecution and defense disclose the evidence that they plan to present and the witnesses they plan to examine. Each side has the right to file motions to exclude certain evidence or pieces of witness testimony if the state obtained them in violation of the defendant’s rights or if they are irrelevant to the case. A judge’s decision to include or exclude a certain piece of evidence can affect the outcome of the trial.
What to Do If the Judge in Your Criminal Case Is Biased
If the jury unfairly convicts you because the judge failed to exclude an inadmissible piece of evidence, you have the right to appeal your conviction. If the judge unfairly handed down an excessive sentence, you have the right to appeal your sentence.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you get a fair trial with an impartial judge. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.