The Role of the Judge and Jury in NYC Criminal Trials

The Role of the Judge and Jury in NYC Criminal Trials

The judge and jury play critical roles in criminal trials in New York City. Let’s break down what each one does.

The Judge

The judge serves as the referee in a criminal trial. They make sure the trial is conducted fairly and that the law is followed. The judges responsibilities include:

• Deciding which evidence can be admitted
• Instructing the jury on the law
• Ruling on objections and motions from the attorneys
• Sentencing the defendant if they are found guilty

The judge will also set the schedule for the trial. They decide when court will be in session each day, when breaks will occur, and the order that witnesses will testify. The judge maintains decorum in the courtroom and makes sure everyone follows proper courtroom procedures and etiquette.

In New York, the judge is not allowed to comment on the evidence or offer opinions about the case. That is strictly the role of the jury. The judge must remain neutral and unbiased. However, the judge can question witnesses to clarify testimony.

Criminal trials in New York City take place in the Supreme Court of the State of New York. The judges are appointed by the Governor and must be approved by the New York State Senate. To become a judge, a lawyer must have been admitted to the bar for at least 10 years.

Burden of Proof

A key aspect of criminal trials is that the burden of proof always rests with the prosecution. As mentioned above, they must prove the defendants guilt beyond a reasonable doubt – not just a hunch or gut feeling, but no reasonable doubt based on the evidence.

The defendant does not have to prove their innocence. They can simply argue the prosecution failed to make their case. However, the defense may present evidence and witnesses to raise doubts about the prosecutions version of events.

The “beyond a reasonable doubt” standard is purposefully high to avoid innocent people being wrongly convicted. Some high-profile New York cases where this burden of proof impacted the outcome include:

• Robert Durst – acquitted of murder after arguing self-defense
• Sean Bell shooting – officers acquitted as it was unclear if threat justified use of force
• Central Park Five – convictions vacated years later when DNA evidence pointed to someone else

Key Differences from Civil Trials

There are some important differences between criminal trials and civil trials in New York:

• Burden of proof – “beyond a reasonable doubt” vs “preponderance of evidence”
• Consequences – jail time vs monetary damages
• Parties – government vs individual vs company
• Right to attorney – guaranteed in criminal, not civil
• Unanimous verdict – required for criminal, not civil

So in summary, the stakes are higher in criminal trials, where someones freedom is on the line. The prosecution has to definitively prove their case, not just tip the scales 51% in their favor.

Plea Bargains

Over 90% of criminal cases in New York City get resolved through plea bargains rather than going to trial. With a plea bargain, the defendant pleads guilty in exchange for a more lenient sentence.

There are several reasons plea bargains are so common:

• Avoid the risk of losing at trial and getting a maximum sentence
• Save time and resources of a lengthy trial
• Provides certainty vs unpredictability of a trial
• Saves victims from having to testify

Plea bargains allow prosecutors to resolve cases efficiently. But there are concerns defendants may plead guilty to crimes they didn’t commit just to avoid harsh punishments. Judges must approve all plea deals.

Sentencing

If a defendant is found guilty at trial or takes a plea deal, the judge is responsible for determining the sentence. There are sentencing guidelines that provide a range based on the crime and defendants criminal history. But judges have discretion to impose sentences within the statutory minimums and maximums.

When deciding on a sentence, judges must consider factors like:

• Circumstances of the offense
• Defendants character and background
• Need to protect public safety
• Potential for rehabilitation

For minor first-time offenses, alternatives to jail like probation or community service may be appropriate. Repeat or violent offenders often face lengthier sentences. Victims can submit impact statements to inform the judges decision.

New York has indeterminate sentencing laws for felonies. This means judges give a range, like 5-15 years, and the actual time served is decided later by parole boards.

Conclusion

The judge and jury both play integral roles in criminal trials in New York City. The judge acts as a referee overseeing the proceedings, while the jury weighs the evidence and decides guilt or innocence. Very few cases actually go to trial though, with most resolving through plea deals. While the judge and jury have distinct duties, they must work together to ensure justice is served.

References

https://www.nycourts.gov/judges/becomejudge_qual.shtml
https://www.nytimes.com/2003/11/12/nyregion/real-estate-heir-is-acquitted-in-dismemberment-case.html
https://www.nytimes.com/2008/04/26/nyregion/26cnd-bell.html
https://www.nytimes.com/2014/06/20/nyregion/5-exonerated-in-central-park-jogger-case-are-to-settle-suit-for-40-million.html
https://www.nycourts.gov/COURTS/nyc/criminal/2019_crim_crt_activity_report.pdf
https://www.nycourts.gov/judges/cji/1-General/CJI2d.Sentencing.pdf