I agree and this brings up an important question.
If the judge gets mad can he throw out the case altogether and leave it in a state where the prosecutors can never re-try this case? Kind of like the double jeaopardy rule.
I had always thought that the prosecution could drop their charges and then retry in future if they get more evidence. But if judge does something, then maybe the judge can do something much more powerful which would leave it in a state where they could not be retried? I dont know how this works.
Hope this helps. Interesting reading the Criminal Prosecution section of the article.
http://legal-dictionary.thefreedictionary.com/dismissal
Dismissal with Prejudice A dismissal with prejudice bars the government from prosecuting the accused on the same charge at a later date. The defendant cannot subsequently be reindicted because of the constitutional guarantee against Double Jeopardy. A dismissal with prejudice is made in response to a motion to the court by the defendant or by the court sua sponte.
Dismissal without Prejudice A dismissal without prejudice that permits the reindictment or retrial of a defendant on the same charge at a subsequent date may be granted by a court acting sua sponte or after the prosecuting attorney has made a motion to do so. Only nonconstitutional grounds that do not adversely affect the rights of the defendant, such as the crowding of court calendars, might be sufficient to warrant the dismissal of a criminal action without prejudice.
Having read this info, my question is the judge privy to the potential evidence of the case before the case is/is not dismissed?