Question:

Liability for Judges?

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Can a judge be held accountable when they release a criminal that is high to re offend?

Ex. judge releases s*x offender after psychiatrist says X will re offend. Can victim/family sue judge if they do re offend?

If a judge cannot be sued what immunity are they protected by?

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  1. A judge's decision, if thought to be faulty, can always be appealed if he has erred in the interpretation or the application of the law.  In a criminal case, the decision to appeal is up to the Prosecutor or the Crown in Canada (the District Attorney in the USA).  In a civil case, it is up to either of the parties in the lawsuit.

    The case you're talking about is a criminal one.  Therefore, the Accused is prosecuted on behalf of the people of Canada (or the USA). The decisions to prosecute or to appeal are made by the representatives of the people (Crown or DA).  Therefore, the victim/family has no say in those decisions, although they can often persuade the  attorneys to appeal.

    Hope this clears it up for you.

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