Injustice in a Judge

It is unlawful for a judge to pass sentence upon anyone who is not subject to his jurisdiction, whether this be ordinary jurisdiction (belonging to his station and office) or delegated jurisdiction imparted to the judgeextraordinarily by competent public authority.

A judge in a court of law does not pronounce sentence in accordance with what he, as an individual, thinks, or even knows; he passes sentence according to the evidence brought before him. Of course, a judge may use his private knowledge to guide him in insisting on a rigorous sifting, and re-examination, of evidence, when he knows that justice is about to miscarry. But ifhe cannot so reject the faulty evidence, he must follow it inpronouncing sentence.

No judge can sentence a man who is not accused, for a judge exercises his proper office in interpreting the way ofjustice between two parties, accused and accuser. Scripture (Acts25:16) indicates this fact in these words: “It is not the custom of the Romans to condemn any man, before that he who is accused have his accusers present, and have liberty to make his answer, to clear himself of the things laid to his charge.”

The judge passes judicial sentence. Once delivered,this sentence passes from the lawful power of the judge who pronounced it. The judge is not capable of revoking the sentence orremitting the penalty it has imposed. Such remission may be made bya higher court, and especially by the highest court in a country,if thereby no injury is done to the accuser (whose cause was proved and decided) or to the common good. Of course, in things that lie within the power of the judge’s discretion, and are not a matter of law applied by judicial sentence, there is room for thejudge to exercise mercy.