The Role of Judge and Jury

A judge is

A judge is an official who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Judicial Independence

The judiciary is independent from other branches of government. In the words of Arthur Meighen(former Canadian prime minister,), judges are in "a place apart" from the other institutions of our society. Governments appoint and pay judges, but once appointed judges are shielded from bureaucratic control. Judges must be able to make courageous, even unpopular decisions knowing that no one - a chief justice, another judge, a government official or even the most powerful politician - can fire them or cut their salaries as retaliation. Justice is not a popularity contest, and judicial independence also protects judges who make controversial decisions that spark public outrage. The concept of judicial independence is enshrined in the Charter, which guarantees everyone accused of crimes that their case will be heard by "an independent and impartial tribunal." Independence is vital to fostering public confidence in the fairness and objectivity of the justice system. The Supreme Court has described judicial independence as "the cornerstone, a necessary prerequisite for judicial impartiality."