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Influence of Judge on Jury – State vs. Federal | Houston Criminal Law

Dan Cogdell | 839 Views | 09/02/2015

State Judges in Texas Criminal Cases

Judges – Can they really tell the jury what to do or how to do it? Hi, my name is Dan Cogdell. I’m a lawyer here in Houston, and I want to talk to you about judges and their role in front of juries. Two separate types of cases.

One is a state case. Look, in the Texas state system, a judge really can’t comment, he can’t ask questions, he’s not supposed to interrupt testimony. Judges in the Texas system are supposed to be neutral and removed empires. In fact they are forbidden from asking questions other than the routine mundane – is everybody okay? Does anybody need a break? They cannot ask questions of witnesses. They cannot directly or indirectly suggest what their opinions are.

Federal Judges in Criminal Cases

In the federal system on the other hand, judges have much more discretion and much more control. In the federal system, it’s not uncommon for judges to limit cross-examination. It’s not impermissible, in fact, for judges to even ask questions.

Judge Limitations in State & Federal Court

Now, it’s forbidden in both systems for the judges to give any direction and to tell the jurors what they think or what their personal feelings are in a given case. And the lawyers know this and should object any time a judge does anything like that. But in the state system, judges have very little direct input into the proceedings, a trial, in terms of showing their displeasure or showing their favor. In the federal system, while the rules are still the same to the extent that juries are not supposed to be told what the judge thinks or what the judge believes, through the questioning process there are clues that federal judges lead.

Conclusion

But here is the point – you need to hire a lawyer that can control the court room in your case. The lawyer should be respectful to the judges, they should be proper with judges, but it is the lawyers whose cases are being tried. No lawyer should allow a judge to direct the jury what to do or what not to do. No lawyer should allow a judge to suggest to a jury what to do or not to do. When you are hiring a lawyer, you need to make sure that your lawyer has the experience, the history, the capacity, the intensity, and the personality to control the court room to the best of his or her ability.

If you have questions about your case and you need some information or some help about what judges can do, should do, or permissible for them to do, call us. We’re happy to help. Thank you for listening.

By: Dan Cogdell

Influence of Judge on Jury – State vs. Federal | Houston Criminal Law

State Judges in Texas Criminal Cases

Judges – Can they really tell the jury what to do or how to do it? Hi, my name is Dan Cogdell. I’m a lawyer here in Houston, and I want to talk to you about judges and their role in front of juries. Two separate types of cases.

One is a state case. Look, in the Texas state system, a judge really can’t comment, he can’t ask questions, he’s not supposed to interrupt testimony. Judges in the Texas system are supposed to be neutral and removed empires. In fact they are forbidden from asking questions other than the routine mundane – is everybody okay? Does anybody need a break? They cannot ask questions of witnesses. They cannot directly or indirectly suggest what their opinions are.

Federal Judges in Criminal Cases

In the federal system on the other hand, judges have much more discretion and much more control. In the federal system, it’s not uncommon for judges to limit cross-examination. It’s not impermissible, in fact, for judges to even ask questions.

Judge Limitations in State & Federal Court

Now, it’s forbidden in both systems for the judges to give any direction and to tell the jurors what they think or what their personal feelings are in a given case. And the lawyers know this and should object any time a judge does anything like that. But in the state system, judges have very little direct input into the proceedings, a trial, in terms of showing their displeasure or showing their favor. In the federal system, while the rules are still the same to the extent that juries are not supposed to be told what the judge thinks or what the judge believes, through the questioning process there are clues that federal judges lead.

Conclusion

But here is the point – you need to hire a lawyer that can control the court room in your case. The lawyer should be respectful to the judges, they should be proper with judges, but it is the lawyers whose cases are being tried. No lawyer should allow a judge to direct the jury what to do or what not to do. No lawyer should allow a judge to suggest to a jury what to do or not to do. When you are hiring a lawyer, you need to make sure that your lawyer has the experience, the history, the capacity, the intensity, and the personality to control the court room to the best of his or her ability.

If you have questions about your case and you need some information or some help about what judges can do, should do, or permissible for them to do, call us. We’re happy to help. Thank you for listening.

By: Dan Cogdell