Poll of the Day > How does a judge remain impartial in american court systems?

(+) Yeah! (+)

How are they not swayed by either argument of the lawyers? It's human nature to form an opinion and be swayed one way or another
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They are impartial before the trial, yes.

Impartiality isn't needed in most cases - the American legal system is heavily precedent based. Just prove that a precedent is true and get your guilty/acquittal.
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saspa posted...

How are they not swayed by either argument of the lawyers?

If it's a non-jury case, they're *supposed* to be swayed by one of the arguments. Otherwise, in a jury case, their role is a bit limited anyway since they arbitrate the hearing and, at the end, issue instructions. While they *could* be swayed and favor one side over the other, the real issue isn't so much what happens in the court room but the biases they may be bringing into the room themselves.
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Just a heads up, 95% of cases never make it to court, the judge is mostly impartial until court.

Zeus posted...

saspa posted...

How are they not swayed by either argument of the lawyers?

If it's a non-jury case, they're *supposed* to be swayed by one of the arguments. Otherwise, in a jury case, their role is a bit limited anyway since they arbitrate the hearing and, at the end, issue instructions. While they *could* be swayed and favor one side over the other, the real issue isn't so much what happens in the court room but the biases they may be bringing into the room themselves.

I think it's also the court room itself.
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