There are 16 judges in the Montgomery County Common Pleas Court with 11 judges in the General Division. The General Division oversees civil and criminal court cases, and appeals. Judges in the General Division have the most control over who goes to prison, they preside over bench and jury trials involving complex civil litigation and criminal cases where defendants proven guilty will go to prison. In 2016, judges sentenced 261 defendants to jail time ranging from 6 months to 1 year and 220 defendants were kept in jail for low level felonies and misdemeanors because they could not afford bail, although the jail capacity is only 900. While there are jail diversion programs such as the S.T.O.P program which diverts drug offenders from jail, the capacity is only 96 and is always full. Judges also make decisions based on the Criminal Justice Division’s investigations into the backgrounds of those being convicted. Judges consider personal information such as their prior convictions, employment, and whether they have substance abuse issues when determining a sentence and also the cost of bail which can determine whether a person is jailed or free while awaiting trial. Judges have reported keeping people who are addicted to opioids in jail to try to keep them safe, however, it is not a rehab facility. Judges’ decisions about sentencing and bail bonds ultimately determine who is in jail and for how long.

Judges

Judges are officials that can be either elected or appointed. Their role in a criminal court case depends on the type of trial being conducted. In bench trials, judges are the final determinant of whether or not a defendant enters the prison system. As opposed to jury trials, bench trials give judges the sole responsible for hearing evidence and determining verdicts. In a jury trial, the judge mediates by instructing the jury on how the law should be applied to each particular case. Magistrates should be knowledgeable of legal policy and past proceedings. They must decide on whether to accept the state's case brought against a defendant, whether charges are valid, and if evidence presented is admissible. They are meant to be unbiased parties that ensure court procedures are upheld.

During arraignments, accused parties make their pleas, and judges have the ability to accept or deny them. After evidence is presented by both the prosecutor and defending attorneys, the judge is left to determine whether the defendant is guilty or not, and then sentence them accordingly. The decisions of criminal hearings are based presiding law and previous court proceedings. Judges are expected to interpret the law fairly and at times utilize their own discretion to do so. There are many factors that play into a magistrate’s judgement. This includes criminal history, role in crime, mental state/pre existing medical predispositions, and type of crime. Judges have the flexibility to lighten or amplify sentences based on their circumstances. While some crimes have mandatory maximum and minimum sentences, there is still variation in how individuals are sentenced. In short, they hold the authority to send someone to jail (or prison) or not.