‘Impressed’ by Feelings-How Judges Perceive Defendants’ Emotional Expressions in Danish Courtrooms

Abstract

Emotions constitute an integrated part of crime trials, but the evaluation of these emotions is dependent on broader cultural norms rarely addressed by legal practitioners. Previous research on emotions in the judiciary has also tended to underemphasize this cultural dimension of judges’ assessment of defendants’ emotional expressions. This article presents an ethnographic study of Danish judges’ considerations when they encounter defendants in court and get an impression of their behaviour, emotional state and physical appearance. Combining theories about emotions with intersectionality approaches, the article highlights the processes in which social categories are dynamically shaped through emotions. Judges’ assessments of emotions are mediated through their own cultural understandings, and what counts as ‘appropriate’ emotion is dependent on how the defendant is culturally and systemically situated.