🫥
Criminal Procedure • 14th Amendment
CRIMPRO#045
Legal Definition
A defendant has a right to a judge free from bias—i.e., a judge with no financial interest, or actual malice against the defendant.
Plain English Explanation
In any criminal case, the defendant has the right to a fair trial, which includes having a judge who is neutral. This means the judge cannot have any financial interest that could influence their decision, like earning money based on the outcome. Also, the judge cannot have personal feelings like anger or hatred toward the defendant. The rule exists to make sure the judge’s decisions are fair and not affected by anything personal or financial. The goal is to protect the defendant’s right to a fair trial.
Hypothetical
Hypo 1: Sam has been arrested in a small town called SafeTown. When Sam goes to trial, his judge is Bob. Bob is also the mayor of SafeTown. If convicted, Sam will have to pay substantial fees and penalties to the town. Result: This trial violates Sam's due process rights because Mayor Bob has a financial incentive to find Sam guilty of the crime in order to help his town raise revenues.
Related Concepts
How can a defendant prove ineffective assistance of counsel?
How may a defendant withdraw a guilty plea?
What are the procedural limitations on death penalty statutes?
What happens if a pre-trial identification technique is too unnecessarily suggestive?
What is the 6th Amendment Right to a Speedy Trial, and how is a violation of this right determined?
What is the effect of the 14th Amendment right to due process on self-incriminating statements?
What is the proper procedure for submitting a guilty plea?
What is the prosecutorial duty to disclose exculpatory information?
What is the right to a jury trial?
What is the right to confront witnesses?
What must you generally know about grand jury proceedings?
When are bail issues appealable?
When is a co-defendant's confession admissible when it implicates another defendant?
When is a defendant not competent to stand trial?
When may a defendant be denied the right to counsel?
When may a defendant represent themself?
