In courtroom proceedings, part of the judge’s job is to be as impartial as possible. We have written blogs before about Judges being reversed for failing to act in an inpartial manner at trial. In a recent case before a New York court, the defendant argued that the judge failed to perform this duty during the proceedings before the trial court. Looking at the trial court’s record, the higher court agreed, determining that the judge became biased and helped the prosecution argue its case, when, in reality, he should have let the government attorney make the case himself. The higher court granted the defendant a new trial.
Batson Challenges
In criminal proceedings, each side has the opportunity to “strike,” or eliminate, several prospective jurors without cause. These challenges to a jury are called peremptory, challenges for which you don’t need to give a reason. .If, however, an attorney strikes a possible juror, and the other side shows that the attorney was operating based on racial discrimination, it becomes the striking attorney’s job to come forward with a reasonable explanation for the decision. The explanation must be what the court calls “race-neutral.” The challenges based on racial discrimination are commonly referred to as Batson challenges.
The Judge’s Role in Batson Challenges
When an attorney challenges the other attorney’s decision to strike a possible juror, the judge’s responsibility is to then let the second attorney make his argument. The argument should be able to show that the decision to strike the juror was not based on race, sex, or ethnicity.
In a May 2024 case before a New York court, the defendant took issue with how the judge acted during his Batson challenge. The judge apparently spoke up for the prosecuting attorney, stating that the prosecution had likely gotten a “bad vibe” from the possible juror, and that this “bad vibe” was the reason for the strike. The prosecuting attorney did not say a word during the Batson challenge.
The Court’s Reversal
Because the judge should have let the prosecution speak, instead of speaking for the prosecution, the defendant was deprived of the right to a fair trial. The judge unfairly took the side of the prosecution, and the defendant suffered as a result. Accordingly, the court ordered an entirely new trial.
At times it can be difficult to know when a judge is siding with one attorney or another. The best way to handle these situations is to retain an aggressive, experienced New York criminal defense attorney that can recognize bias when it shows up. If you hire the right team of attorneys, you will be able to rest easy, knowing your litigation is in good hands.
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At Tilem & Associates, we understand that when you are facing criminal charges, you want the best attorneys by your side. Our firm has been serving the state of New York for over 25 years, and our clients trust us to fight for their rights and freedoms every step of the way. For a free and confidential consultation with a New York criminal defense attorney, give us a call today at 877-377-8666. We handle all types of felony and misdemeanor cases, including those involving violent crimes. You can also fill out our online form to tell us about your case and have a member of our team reach back out to you as soon as possible.