The role of a judge in a criminal case is to hear evidence from both parties and to reach judgements. In a local court case, the Magistrate will be the judge of the law and the facts. This means that he or she will make decisions about what evidence is admissible and also about whether or not the defendant is guilty. In a jury trial, the Judge will be the judge of the law and the jurors will be the judge of the facts. This means that the judge will decide admissibility and direct the jury about the law, while the jury will decide guilt. In either case, judges and jurors are not permitted to undertake their own research outside the courtroom as – among other things - this might lead to inadmissible material being considered when making judgments or reaching a verdict. But one Western Australian Magistrate recently overlooked this rule and later resigned after her conduct was seen as inappropriate by the Supreme Court. This Blog post has more.
Posted on: Tue, 30 Dec 2014 03:53:35 +0000
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