Maxim 8.5.46
The judge is counsel for the prisoner.
Judex est consiliarius rei.
Source: Weisman, 65x
Difficulty 3/5 — Intermediate
Explanation
In criminal proceedings, the judge has a duty to protect the rights of the accused — particularly an unrepresented defendant — by ensuring that the trial is conducted fairly and that the prisoner understands the proceedings against him.
Where this applies
- An unrepresented defendant in a criminal trial is confused by the proceedings, and the judge steps in to explain his rights and ensure he understands the charges against him.
- A judge notices that a pro se defendant does not realize he can cross-examine witnesses, and the judge informs him of that right because the court has a duty to protect the accused.
- During sentencing, a judge ensures the convicted person understands the sentence and his right to appeal, acting as counsel for the prisoner's basic legal interests.
Legal domains
Cite this maxim
NeCede Max. 8.5.46 — The judge is counsel for the prisoner. — Weisman, 65x (Judex est consiliarius rei.)
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