What does a judge do in court

The Judge

The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case. Fourth, in bench trials, the judge must also determine the facts and decide the case. The fifth is to sentence convicted criminal defendants.

Índice Show

The Lawyers
The Parties
The Witnesses
The Courtroom Deputy
The Court Reporter
What Does a Judge Actually Do?
What is the role of a judge in the court?
What are five duties of the judge?
What are the 4 functions of a judge?

The Lawyers

The lawyers for each party will either be sitting at the counsel tables facing the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but do so using approved legal procedures. In criminal cases, one of the lawyers works for the executive branch of the government, which is the branch that prosecutes cases on behalf of society. In federal criminal cases, that lawyer is the U.S. Attorney or an assistant U.S. attorney. On relatively rare occasions, defendants in criminal cases or parties in civil cases attempt to present their cases themselves, without using a lawyer. Parties who act on their own behalf are said to act pro se, a Latin phrase meaning "on one's own behalf."

The Parties

The parties may or may not be present at the counsel tables with their lawyers. Defendants in criminal cases have a constitutional right to be present. Parties in civil cases may be present if they wish, but are often absent.

The Witnesses

Witnesses give testimony about the facts in the case that are in dispute. During their testimony, they sit on the witness stand, facing the courtroom. Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government's witnesses, or defense witnesses.

The Courtroom Deputy

The courtroom deputy, who is usually seated near the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly.

The Court Reporter

The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. Federal law requires that a word-for-word record be made of every trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript to review. However, transcripts will not be available to jurors because there is not enough time to create a transcription.

What Does a Judge Actually Do?

Let’s be honest, many of us take our impressions of life from television and films we watch or novels we read. But we know those fictional worlds are just that – fictional. Apart from legal professionals, who really understands in detail how an English courtroom functions? Hollywood movies and West End plays can’t help us now. What is the role of a judge? What is a judge?

Few people would claim the English legal system is particularly straightforward. A judge sitting in court effectively represents 1,000 years of legal evolution. Even the Courts and Tribunals Judiciary of England and Wales acknowledges our courts system is complicated and occasionally confusing, having simply developed as required for so long rather than having been designed for purpose at a single moment in time. Different types of case are addressed in different types of court and there are, unsurprisingly, different types of judge.

Most people have seen a courtroom drama on television and therefore picture a jury trial when imagining a judge at work. So let’s take a look at a so-called ‘circuit judge’ hearing a criminal case in the Crown Court, which is where serious criminal matters are ‘committed’ (or sent).

The judge plays a key role in the criminal justice system, presiding over the trial process to ensure fairness and that the jury has arrived at a decision in the correct manner. Before the trial, the judge will read the relevant papers to familiarise himself or herself with the details of the case. Such paperwork will include the indictment setting out the charges on which the defendant is to be tried, exhibits (evidence) and witness statements.

In court, the judge keeps the jury informed and comfortable with proceedings, ensures the witnesses and defendants give the best account of the facts they can and controls the advocates. (‘Advocates’, such as barristers, plead a case on someone else’s behalf. Barristers in England and Wales are often hired by solicitors to represent cases in court, putting arguments to the judge and jury, as well as questioning witnesses, trying to influence the outcome of the case. In Scotland, the equivalent role to a barrister is called an ‘advocate’.)

When all the evidence has been heard, the judge will sum up, highlighting the strengths and weaknesses of each side’s argument. The jury then retires to the deliberation room to consider the verdict.

Another responsibility of the circuit judge is sentencing. If the offence is sufficiently serious, the judge has the power to imprison the person (or people) convicted of the crime. Punishment is naturally a consideration for any judge but, when sentencing, judges will also reflect on how to reduce the likelihood of the criminal reoffending.

When hearing criminal cases, circuit judges wear a red tippet (sash) over the left shoulder.

Circuit judges are appointed to one of seven regions of England and Wales. There are more than 600 circuit judges in England and Wales, most of whom live near to their courts.

All court work involves interacting with the public and a judge’s decisions can dramatically affect people’s lives. Being a judge is undoubtedly a demanding job but, as with the work of a solicitor, often very rewarding.

What is the role of a judge in the court?

The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence.