Quote:
Originally Posted by undercoverbrother
I believe you are a lawyer, so I will ask you this. When a jury "hears" a case, are they given guidance by the judge? I would assume, that many sitting on a jury would not have an understanding of the application of law, and for want of a better term "legal thinking" (the majority of the populace doesn't look at legal matters as a lawyer/judge does).
How does a judge fit into a trail by jury, is it his job to make sure that sound legal thought/principles are used to reach the decision?
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In a jury trial the judge will instruct the jury on issues of law, the jury is responsible for making determinations of fact. The judge will tell them what they can consider, what they can't consider, what the legal standards are etc. (I'm not a criminal lawyer so this is a pretty basic overview). Your last line is a pretty good way to look at it, the judge is making sure that the jury is operating within the confines of the law and has throughout the trial been making sure that only permissible evidence is presented to the jury.
I'm sure someone who does this stuff could explain it better.