A complicated and extended legal proceeding, frequently taking place under intense public attention, may be the most challenging examination of a judge’s strength.
Jury trials are uncommon in many legal systems around the globe, yet they serve as a core element of the common law framework.
The jury’s responsibility for determining a defendant’s guilt positions them as the central element in a criminal trial, yet the role of the trial judge is frequently overlooked.
The judge does not remain in the rear seat while awaiting the jury’s decision; instead, the judge functions like an orchestra conductor, making sure that each side fulfills its appropriate role and that the trial proceeds efficiently.
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This is not a simple endeavor, particularly when intricate criminal cases can extend over several weeks and encompass challenging factual and legal issues.
This responsibility is intensified by the long-standing lack of staff in Hong Kong’s judicial system. Due to an insufficient number of judges relative to the amount and difficulty of cases, the workload places increasing pressure on those currently serving.
Numerous extended trials are frequently combined in rapid succession, with any available days on the court’s schedule swiftly occupied by shorter proceedings, such as sentencing and bail requests, which must be addressed promptly to guarantee timely access to justice for defendants.
For instance, even during a regular week when a judge isn’t required to preside over a trial, they might typically have to make decisions on as many as half a dozen bail requests or sentencing matters each day.
Although brief in duration, these hearings demand thorough consideration and meticulous focus on legal principles and matters of justice to be properly addressed. The immense amount of work involved is staggering.
A complicated and extended legal proceeding, typically held under intense public attention, may be the most challenging examination of a criminal judge’s strength and resilience.
In the jury trial system, the traditional saying holds that the jury determines the facts, while the judge handles the legal aspects. In a straightforward case, this separation seems clear-cut. However, in a complex one, it turns into a significant challenge requiring judgment, endurance, and courage.
Certainly, a complicated case can include several defendants, overlapping accusations, disputed expert testimony, and a large volume of paperwork.
In contrast to civil trials, where all evidence is submitted beforehand, even the most diligent criminal judge finds it difficult to engage in much prior reading.
Defense evidence is typically disclosed only during the trial. This is a defendant’s right, as they have the entitlement to be fully informed about the case against them before deciding whether and how to present their own evidence.
As a result, the judge is genuinely functioning as an umpire, carefully observing each play and determining what is permissible and what is not. All of this is aimed at benefiting the jury so they can reach the most equitable decision possible. A task that is easier to say than to accomplish.
At the conclusion of the jury trial, the judge delivers the final and most important part of the process – the summation. Following the presentation of evidence and arguments, the judge must prepare a speech that outlines the legal principles, highlights the key issues for the jury to consider, and provides a balanced and fair summary of the evidence.
It is essential to differentiate between defendants when the evidence varies, provide necessary warnings as required by law, and remind the jury about the burden and level of proof. A wrong focus, an insufficient instruction, or a confusing summary of the evidence may undermine a verdict and lead to an appeal and a new trial.
Time intensifies the pressure. After the evidence is presented and attorneys have spoken, the summary cannot be delayed. It typically needs to be prepared within a brief period, often during the night, while the case remains clear and the jury is prepared to receive guidance.
What makes the closing argument particularly isolating is that, in the end, no one can compose it on behalf of the judge. Lawyers will have delivered their arguments, but their viewpoint differs from what is needed for a closing statement.
A criminal judge has no party arguments to rely on at that final stage – the entire case must be condensed by the judge personally.
Only at the conclusion of the summation does a judge’s role essentially come to an end — the judge can then relax and present the final factual issues to the collective knowledge of a jury. Similar to everyone else in the courtroom and the general public, the judge has no influence over this procedure — the verdict is entirely up to the jury.
Nevertheless, there is no doubt about the significance of preserving the system, including its peculiarities – one of the major achievements of common law in safeguarding freedom for everyone.
Martin Hui SC currently serves as the vice-chairman of the Hong Kong Bar Association, previously held the position of Deputy Director of Public Prosecutions in Hong Kong, and is a specialist in criminal litigation.
“Legal Tales” is a weekly feature written by senior members of the Hong Kong Bar Association, offering their insights on contemporary issues.
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This piece was first published on the South China Morning Post (www.scmp.com), a top news outlet covering China and Asia.
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