_ Metropolitan, the court there said that the
refusal to so charge was reversible error." The judge looks wise and
finally says, "yes." There is a little playing of politics in this; he
has possibly been thinking how the jury are going to decide and
realizing that what he charges won't make any difference, he plays
safe by charging what the losing side wants.
These requests to charge may go back and forth indefinitely with
rulings and exceptions. Either lawyer may except to a portion of the
judge's charge, thus serving notice upon him that unless he hurry up
and change it he may be reversed on appeal. That is the reason why the
charge of the judge has not a great effect. He has to be too careful.
In New York State the judge can not say what he thinks about the
case. In other words, the charge must be indefinite. In England and
the Federal courts in this country, the judge may legally express his
opinion as to how the case should be decided, but that is as far as he
can go. The distinction is a relic of the old days of the jury system
when the judges would imprison the jury until they found as was
wanted. Now the judge may only express a preference and the jury may
do as they please.
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