What exactly does a judge do? If it’s the jury, not the judge, that decides whether the defendant is guilty, does it really matter who the judge is?
Those are great questions. As Sexual Assault Awareness Month winds down, let’s talk about those questions using a child molesting case as an example.
If the defendant confessed to molesting the little girl, will the jurors be allowed to hear the confession? The judge decides.
If DNA evidence of the assault exists, will the jurors be allowed to see it? The judge decides.
How aggressive will the defense attorney be allowed to be in his questioning of the child? The judge decides.
Will the defendant be allowed to sit at the table right next to the witness stand when the little girl testifies or will he be required to sit on the other side of the courtroom? The judge decides.
Will the child be expected to understand grown up language when the judge swears her in to tell the truth? The judge decides.
Will the jurors be allowed to hear from expert witnesses who work with abused children on a regular basis? The judge decides.
If the defendant has committed prior bad acts, will the jurors be allowed to hear about them? The judge decides.
What instructions will be given to guide the jurors in reaching a verdict? The judge decides.
This is just a sample of the countless rulings a judge makes during a trial.
If the jurors find the defendant guilty, it is the judge who decides his sentence. Attorneys can make recommendations, but it’s the judge who has the final say.
In the case of child molesting which doesn’t involve certain specified sexual acts, the judge can sentence the defendant to as much as 12 years in prison. Or as little as 2 years on probation. Here again, the judge decides.
To be sure, a judge’s decisions are controlled by the law. But judges are given much discretion in how to apply that law.
You simply cannot overstate the importance of who sits in the judge’s seat.
Ahead of November’s contested race for Circuit Court Judge, I urge Dubois County residents to educate themselves on the candidates and vote accordingly. Please understand: we won’t get to make this choice again until 2032.