If a judge has a preconcieved notion about a defendant can he still be that persons judge?

Question

Can a judge in a felony criminal case express his opinion of the defendant or the situation and still be impartial?

Answer 1

It depends on what you mean by "express his opinion" -- if that opinion was formed about that individual, through the course of the proceedings, then yes, the judge can express it at the end of the proceedings.

But if the judge is pre-disposed -- for or against -- based on some general prejudice, or personal bias -- then then judge must recuse themself from the case. Even the appearance of impropriety is forbidden by the canons of judicial ethics.

Answer 2

Judges are pretty much required to DQ themselves if they have a family or personal relationship with a defendant, or have a financial stake in the outcome of the litigation. However, judges do read the papers, (and they also read the pleadings and other pretrial documents) so may have an impression of that person prior to trial. We believe that judges are less likely to be biased than, say, a jury, so the standards for dq of a judge on personal bias are VERY very high... you basically have to prove that the judge would not give a fair trial. That's hard to do. now, if the judge has made a statement like "All redheads should be imprisoned forever" and the defendant is a redhead, then you may have a shot. But most judges are pretty good at not talking about pending or future cases.

Answer 3

Yes, but your freind would have to prove it. Opinions are usually expressed at sentencing

Answer 4

Happens all of the time. That's why there is an appeal process.

Answer 5

He shouldn't be!