Judges officiate in criminal jury trials for the purpose of ensuring a fair trial. They are referees or umpires whose duties lie in making sure the playing field is level – not to control jury deliberations.
The 6th Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury …” It doesn’t say by a judge. It specifies an impartial jury. A judge violates the constitution when he or she uses their powerful position to “charge/instruct” a jury. A jury that has been subjected to this usurpation of power is no longer impartial. It has been influenced by the judge’s uncontested bias (attorneys for either side cannot challenge the instruction/charge). Witnesses must swear/affirm to tell the truth…Judges do not take this oath because they don’t acknowledge their instructions/charge are de facto testimony.
The recent Lindsay Clancy murder case showcased how a jury was intimidated to follow Judge Sullivan’s instructions. Once a jury begins deliberations, their only obligation is to base their vote on the evidence as they see it and apply the law as they interpret it.
Personally: There are no excuses/exceptions for intentionally killing undefendable children. Period.
Chuck Klein, Columnist: American Free News Network
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