Chapter 8 - 8.2 Improper Comment On The Evidence

• Jurisdiction: Virginia

8.2 IMPROPER COMMENT ON THE EVIDENCE³

Occasionally, a comment from the bench may indicate the judge's personal thoughts or beliefs about the evidence. Because the jury is the finder of fact and the jurors are likely to be greatly influenced by any expression of the judge's views, questions or statements made by the court that indicate partiality are not appropriate. The Virginia Supreme Court has stated that

[a] judge must not express or indicate, by word or deed, an opinion as to the credibility of a witness or as to the weight or quality of the evidence. Any question or act of the judge which may have a tendency to indicate his thought or

...