The judge has many functions in the criminal justice system. First, he or she must make impartial decisions.

• A judge cannot take sides in a criminal case and must treat both the defendant and the state fairly.
• The judge cannot have any personal contact with the victim or members of the victim?s family while the case is pending.
• The judge cannot have exparte (one-sided) contact with any of the attorneys, witnesses, jurors or other people involved in the case.

A judge decides what evidence can be admitted in the case, using case law, rules of evidence and rules of procedure. Judges also must manage the timing of the case by setting deadlines and requiring the prosecution and defense to meet these deadlines.

Victims and their families want the case resolved as soon as possible so that they can go on with their lives. However, they must remember that many things can slow down the case.

A judge or jury may try a case and decide guilt. At a trial, the prosecution first presents evidence and testimony. The defense then may, if it chooses, present testimony and evidence on behalf of the defendant. The defendant is never required to testify, but may do so if he or she chooses.

After hearing all the evidence, the judge or jury deliberates and reaches a decision. A jury?s decision in a criminal case must be unanimous. If a jury cannot reach a decision, the judge may set a new trial before a different jury. After a felony trial the judge schedules a later time for sentencing.

In misdemeanor cases, the judge may sentence the defendant immediately.

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