What is the duty of a judge in a criminal case to conduct a fair trial?

California, United States of America


The following excerpt is from People v. McCarthy, A138682 (Cal. App. 2015):

"Although 'the trial court has both the duty and the discretion to control the conduct of the trial' [citations], 'the Due Process Clause clearly requires a "fair trial in a fair tribunal," [citation], before a judge with no actual bias against the defendant or interest in the outcome of his particular case.' [Citations.]" (People v. Harris (2005) 37 Cal.4th 310, 346 (Harris).) "'The duty of a trial judge, particularly in criminal cases, is more than that of an umpire; and though his power to examine the witnesses should be exercised with discretion and in such a way as not to prejudice the rights of the

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prosecution or the accused, still he is not compelled to sit quietly by and see one wrongfully acquitted or unjustly punished when a few questions asked from the bench might elicit the truth. It is his primary duty to see that justice is done both to the accused and to the people.'" (People v. Raviart (2001) 93 Cal.App.4th 258, 272, quoting People v. Golsh (1923) 63 Cal.App. 609, 614-615.)

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