One of the key roles of judges in a courtroom is to ensure that justice is
served by impartially evaluating evidence and submissions presented by defence
lawyers. Their assessment is guided by legal principles, precedents, and
standards, with the ultimate goal of uncovering the truth and making a fair
decision.
The judge's primary responsibility is to evaluate the relevance of the evidence
and submissions offered by the defence. This is crucial as it ensures that only
information directly related to the case is considered. The judge carefully
assesses whether the evidence presented by the defence is connected to the
central facts and issues of the case. Any irrelevant evidence may be disregarded
to prevent it from unfairly influencing the outcome of the trial.
Once the relevance of the evidence is established, the judge then determines its
admissibility. This refers to whether the evidence meets the legal requirements
for inclusion in court proceedings. For example, evidence that is hearsay or
obtained through illegal means may be deemed inadmissible according to the rules
of evidence. The judge carefully considers these rules and applies them to the
evidence presented by defence lawyers to ensure that only admissible evidence is
considered by the court.
In addition to assessing admissibility, judges also evaluate the credibility of
the evidence. Credibility is crucial as it speaks to the reliability and
trustworthiness of the evidence presented. The judge considers factors such as
consistency, demeanour, bias, and corroboration when assessing the credibility
of witnesses and documentary evidence.
Witness testimony that is inconsistent or unsupported may be viewed with doubt,
while testimony that is consistent and corroborated by other evidence may be
seen as more credible.
After establishing the credibility of evidence, judges determine its weight,
which refers to how much it supports or undermines a disputed fact. This
involves assessing its consistency, reliability, and persuasiveness. The more
convincing the evidence, the greater weight it carries in the judge's
decision-making process.
In addition to these considerations, judges also apply legal standards and rules
when evaluating evidence and submissions from defence lawyers. These standards
and rules help determine whether the evidence meets the burden of proof required
for the defence to succeed.
For instance, in criminal cases, the prosecution must prove the defendant's
guilt beyond a reasonable doubt, and judges carefully consider if the defence's
evidence meets this high standard. Furthermore, judges may refer to precedent
and case law to inform their evaluation of evidence and submissions.
Precedent consists of past court decisions that have established legal
principles and guidelines for similar cases, ensuring consistency and
predictability in the application of the law.
Throughout this process, judges must also uphold principles of fairness and due
process, ensuring that both parties have an equal opportunity to present their
case and challenge the opposing evidence. By maintaining impartiality and
fairness, judges uphold the integrity of the judicial system and ensure justice
is served.
Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email:
[email protected], Ph no: 9836576565
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