Can a judge remove himself ?

lulu650

Of course it's anyone's guess as to why the Judge realised he knew the victim at such a late stage but I read it as though he knew the victim because he had passed through court before.

I would have thought the 1st judge had acted correctly and I don't understand the barrister's response.

Either way, isn't there an opportunity to appeal against a sentence considered too severe?

aileth

Be guided by your Barrister, they will know, but I truly hope you aren't seeking 'compo' for what could've been a genuine mistake, just as notanewuser says.

kelpie35

Do the time, pay the crime...........tend to come to mind.

hermadge

aileth wrote: »

Be guided by your Barrister, they will know, but I truly hope you aren't seeking 'compo' for what could've been a genuine mistake, just as notanewuser says.

No certainly not seeking 'compo'

hermadge

The defendant IS doing the 'TIME'. We just want to ensure everything was done correctly. THAT IS ALL.

peachyprice

It's quite possible that the judge knew the victim because they'd been up before them as a defendant, in which case the judge could be biased towards a more lenient sentence to the defendant.

Not all bias is necessarily negative.

browneyedbazzi

hermadge wrote: »

The defendant IS doing the 'TIME'. We just want to ensure everything was done correctly. THAT IS ALL.

Have you checked the sentencing guidelines for the offence involved? Is the sentence in line with those guidelines or not?

peachyprice

notanewuser wrote: »

I frequently see people I know and can't remember where I know them from. For example, I don't know my window cleaners' names and their faces in a different context would have me wondering for hours (or days ) where I knew them from.

No reason this couldn't happen to a judge.

Especially as they are more often than not, older.

Nicki

I think where you are going wrong is to assume the second judge would feel duty bound to be harsh on your relative because the first judge knew the victim.

1. Judges are very well trained and very experienced in how to apply sentencing guidelines to facts.

2. Judge 1 clearly wasn't a good friend of the victim or had any personal relationship with them, as otherwise he would have known from the off that he knew them

3. Judges are professional colleagues not friends. They usually move from court to court round a circuit, don't all sit together in the same court house. So Judge 2 probably doesn't know Judge 1 all that well anyway.

4. Judge 1 had no option but to recuse himself if he knew the victim. Why does it affect the sentence judge 2 gave whether judge 1 did this after 3 hearing rather than 1?

The first few days after someone has been given a custodial sentence are going to be hard for the family left behind. Its natural to be upset and desparately trying to think of ways to appeal. Unfortunately I don't think the judge recusing himself gives you any grounds to do so but be guided by your legal team as to whether there are any other grounds.

neneromanova

If the Judge was found out to have know the Prisoner after sentencing then the verdict would have been null and void and a new judge would have been appointed and he'd have had the same out come more than likely. I think the Judge was correct to remove himself even at the later time he did. It was probably a case of "his face looks familiar but I can't remember where from" then a piece of evidence jogged his memory and he excused himself.

I think it's just luck of the draw with judges now a days as to if you get sent down or not. He just needs to be good, do his time and not commit another crime so something like this happens again