ABSTRACT
This chapter introduces the legal concept of judicial influence, explores its relation to procedural due process, and discusses the permissible limits of judicial behavior. It explains how a trial attorney might develop a 'complete record' of the trial judge's subtle verbal and nonverbal behavior. The goal is to aid appellate courts in more effectively assessing judicial behavior, to help ensure the due process right to a constitutionally fair and impartial jury trial. The chapter assesses judges' expectations for trial outcome for the first two major charges or counts against the defendant. What the judges thought the verdict should be and what the judges thought the verdict would be was significantly positively correlated. The chapter describes the major communicative dimensions of the trial judge's behavior in delivering instructions to juries in criminal trials. It shows how judicial behavior may predict, and perhaps influence, jury verdicts and trial processes.
