Southern New Hampshire University
CJ 207 The United States Judicial System
Week Two Notes
Roles and Responsibilities of Judges
Criminal Courts, Chapter 7
What are the roles and responsibilities of judges within the courtroom?
Prearrest Judicial Roles:
Obligation to review search and arrest warrants to determine whether there is
probable cause to justify the requested search or arrest.
Postarrest/ Pretrial Roles:
At the initial appearance, the judge informs the defendant of the nature of the
charges associated with the arrest.
Decides what conditions should be imposed for an arrestee to be released from
custody. To make this decision, a judge must consider what conditions are
necessary to reasonably ensure the defendant’s reappearance at further court
proceedings as well as what conditions may be necessary to protect the safety of
individuals or the community at large.
Judge assigned to the case schedules deadlines for motions to suppress evidence
or dismiss some or all of the charges.
Prior to trial, a judge will often do what they can to encourage a plea agreement
be reached between the parties.
Trial Roles:
Make rulings on admissibility of evidence and objections made during the
presentation of testimony and arguments of the attorneys.
Instruct the jurors on the law they are to apply in reaching a verdict.
Duty to consider whether there has been sufficient evidence presented for a jury to
find that the defendant is guilty of each charge beyond a reasonable doubt.
