Asked in Constitutional Law for Georgia

Q: Can a judge do what he wants even violate constitutional rights

I've been told a judge can violate a persons 5th amendment constitution rights, due process protects and balances legal authority of a judge and that persons legal rights

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: No, a judge cannot do that. Judges have to ensure that proceedings in their courtrooms comply with the rules of civil procedure, criminal procedure, rules of evidence, and the U.S. Constitution. If anything, judges have to know these things better than anyone else in the courtroom so that an overzealous attorney does not trample those same constitutionally guaranteed rights with a defendant or witness. A judge is much like a referee. If an attorney is trying to push the envelope on hearsay or other inadmissible evidence, it's the judge who's going to make the call, much like a referee calls out a foul in a sports game.

Tim Akpinar

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