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Judges Are Human Too: The Unpredictable Nature of the Judicial System

November 7, 2024
By Josie Mastandrea
Josie Mastandrea, a rising junior at the University of Richmond, spent the summer of 2024 shadowing Attorney Chris Fiorentino to develop a better understanding of what the life of a criminal defense lawyer looks like. The following article is one of a series documenting the insights she derived from the experience.

When I go to court with Chris, it’s not uncommon that I’ll be in the courtroom for 15 minutes, his case will get dismissed, and that’ll be that. Chris is very passionate, however, about ensuring that I am always learning. In other words, he never lets that just be that. He’ll show me around whatever courthouse we’re in, introduce me to the clerks and judges he’s familiar with, and even sit through other trials with me if he knows the attorney on the case.


The other day in Wrentham District Court, Chris’ case happened to be in the same courtroom as a well-respected local attorney’s. While Chris’ case got dismissed, this other attorney was going to trial. Chris suggested we stay to watch. 


Now, these trials are not packed with observers like the trials you’ve seen on TV. Typically, the courtroom contains the assistant district attorney on the case, the defense attorney and defendant, the judge, clerk, bailiff… and that’s it. Observers are foreign to these courtrooms. As an illustration of this fact, upon noticing Chris and I sitting in the last row of benches, the judge actually paused the proceedings.


“Attorney Fiorentino, do you have any remaining matters to address before the court?”


“No, Your Honor, but I would never miss a change to watch these two attorneys in action,” Chris replied without skipping a beat.

Everyone chuckled before returning to the matter at hand–an OUI (operating under the influence) case against a defendant who had crashed into a building coming home from a bar. That premise may not sound great for the defense, but the facts were on their side, from my perspective, at least. No breathalyzer test, no stumbling, no slurred speech, and complete compliance with the police on the part of the driver. Not to mention, this kind of case requires the prosecution to meet the highest burden in the legal system: beyond a reasonable doubt. 


The case was looking so good for the defense that at the end of the trial, we were surprised the judge even announced she needed a moment in her chambers to deliberate. Imagine our shock when the verdict she delivered upon her return was guilty.


Chris was shocked for just a moment, though, then he shrugged. 


“That’s just how it goes,” Chris said, “A different courtroom might have seen a different verdict.”


Chris explained to me that this is exactly why you can never predict the outcome of a trial. You might think the facts are with one side or the other based on a meticulous review of the evidence. You might think you’re an expert at reading the judge throughout the trial and modifying your approach to sway the decision your way. At the end of the day, though, the decision is in the hands of one person–in the case of a bench trial, at least–who has their own opinions, background, and understanding of the law. 


That’s why Chris won’t ever promise an outcome to a client–most experienced attorneys won’t. It doesn’t mean they aren’t confident in their abilities or their understanding of your case, it simply means that attorney is being honest with you. They can prepare and prepare and prepare for your trial, but they can’t control who sits on the bench that day. Who knows how that OUI case might have gone had there been a different judge assigned to second session that morning. 


Judges, like people, are unpredictable. This is the very reason so few cases end up going to trial. No one likes uncertainty, especially if one’s money, freedom, or life is on the line.

There is certainty in a plea deal. A plea deal is a negotiation between two equal parties, so a judge gets taken out of the picture entirely. As a defendant, you might not get everything you want by pleading out, but you’ll also be able to mitigate how much you could lose at trial, depending on the day it’s scheduled and the courtroom it’s scheduled in.


None of this is to say that judges are necessarily arbitrary or capricious, but it is to say that they are human. Someone must make the decisions, it just so happens to be them, and not me or you. It might have something to do with their educational and professional qualifications, but who knows!

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