Questioning of Witness by Judge: Cautionary Instruction
January 20th, 2022
RATIONALE: When the judge asks questions of a witness, there is a danger that the jury will place undue emphasis or importance on the question or to the answer elicited, or consider that the question indicates the judge’s view of the evidence. Therefore, a cautionary instruction admonishing the jury not to attach special weight to […]
Tags: CC 101, Judge Comment on the Evidence, Judicial Misconduct, Sample Instructions
Questions to Witness by Judge: Cautionary Instruction
December 15th, 2021
RATIONALE: When the judge asks questions of a witness, there is a danger that the jury will place undue emphasis or importance on the question or to the answer elicited, or consider that the question indicates the judge’s view of the evidence. Therefore, a cautionary instruction admonishing the jury not to attach special weight to […]
Tags: CC 101, Judge Comment on the Evidence, Judicial Misconduct
Judicial Misconduct May Require Reversal Error
November 3rd, 2021
CC 101 admonishes the jurors as follows: Do not take anything I say or do during the trial as an indication of what I think about the facts, the witnesses, or what your verdict should be. However, such admonitions are not always sufficient to cure judicial misconduct. For example, in People v. Nieves (May […]
Tags: CC 101, Judge Comment on the Evidence, Judicial Misconduct
