Quote:so how do you explain the judge summing up on all cases...he more or less directs the jury...
S/he instructs them about the Law relevant to the case. The usual expression, when s/he is addressing the Jury is....."I am the sole Judge of the Law, you are the sole Judges of the facts." They also get to make observations concerning the evidence and if you read what they said, you'd find that pretty much neutral. However, Judges (if they have a mind to) do get to make their personal opinion about facts well known to a Jury with body gesture of facial expression or tone/inflection of voice, while always saying for the transcript "You might find my observations of value or not, but you, and you alone are the sole Judges of facts."
Quote:when a sentence is overturned its the judge that got it wrong not the jury..he/she is usually criticised for misleading or misinforming the jury...
In a Jury Trial:
1. The Jury decides the verdict, after being addressed by the Judge about the Law. If s/he makes errors about the Law in that address, and the Jury convict, there will be an appeal against conviction.
2. If the Jury convicts, then it is over to the Judge to sentence, and that is always open to appeal on various grounds.
Quote:I have never seen where a judge has said..
in his view the accused was completely innocent..
I have, and I was probably more likely to hear it than you, given circumstances.
Quote:if anything would call for a re trial that statement would..
It happens after a Jury has acquitted, or in some rare cases, and I was involved in one, where after hearing all the evidence, the Judge will intervene as they may, and take the matter out of the hands of the Jury, and s/he will instruct them to deliver a 'Not Guilty' verdict. That is rare, because if the situation gets as bad as that for the Prosecution, they will ordinarily go for what is known as a nolle prosequi. (Do the Google.)
But:
Click here.