If a judge is found guilty of misconduct, will all the trials he presided over be considered mistrial?

Question

A judge is being tried for misconduct on the bench during various trials, including rape and murder. Are all those trials considered mistrials, and is it constitutional to try the defendants again?

Answer 1

Not all of the trials are automatic mistrials. In each case, the defendants that were found guilty could have their lawyers examine the cases to see if they can get a retrial, but unless the judge made procedural errors in EACH case, they will likely not be granted. Cases where defendants went free can NOT be retired, under the double jeopardy provision of the Bill of Rights.

The only cases that are likely to be retried are those in which there is clear record of the judge's misconduct and the misconduct is such that it affected the verdict.

Answer 2

Actually, I dont believe so.

Each trial has to be reviewed by a board. And, even if the trial Judge gave such a light sentence, or no sentence at all, the Board will usually go with the Judge's order of punishment.

Very few times, do they upstage a Judge. Even in the case where the Judge gave Child Molesters only 6months in jail for raping two kids!

People with common sense, would know better, but, unless a Judge is impaired, (as that judge was, because he is an alcoholic and doesnt believe in giving out "stiff" fines or sentences), then they will have to review the cases that he has Judged over and see if they merit a revisit.

But, even if they do, there is always "Double Jeopardy", where a person can not be given a trial the second time, for an offence, already judicated. So, the defendent will get off with the light sentence, in most cases.

I wish you well..

Jesse

Answer 3

actually, it depends on the misconduct, and also all his cases will be reviewed by an independent panel to see if the cases were tried according to law. I think it is constitutional if the defendant was foung guilty and all the evidence for or against was not revealed during the trial. I don't think they can be tried for the same crime if found not guilty....that's why if there are a few different offenses, the prosecuter may choose to prosecute only one and save the others...just in case

Answer 4

I think they do extensive investigations as to what areas of his life and work were included in that area of misconduct. Such as, being under the influence, if they can prove that he was unable to preform his duty as judge during a certain case then it might be eligible for retrial.

But otherwise i dont think so.

Doesnt matter anyway, half the judges are appointed and dont represent the people like they should. few trials are unbiased and truly fair to the victim or the accused.

Answer 5

No, first you have to investigate when the misconduct began, any trials after that you could appeal for a re- trial, but still probably would not change much since the verdict is on any case is given by the jury, not the judge. the judge decides what type of centence the accused faces, that could be overturned.

Answer 6

I haven't a clue, but I am going to guess that all current trials that the judge is presiding over will have to be declared mistrials and the cases will have to be tried again.

Answer 7

All the trials the judge made decisons on must be reviewed. If misconducted is found there must be retrials on a case per case basis.

Answer 8

If he is indeed found guility of misconduct it is grounds for asking for new trials over any cases he presided over. And the attorneys (if any) can bring it to light and investigate to see if the judge mishandled other cases.

Answer 9

They should be mistrials. If the defense causes a mistrial, the defendant gets tried again, doesn't he/she? Same rules apply!

Answer 10

Each trial will be subject to review by a case by case. The defense attorney should have their case reviewed if their client is found guilty. It is unconstitutional to retry a not guilty defendent.