The emotional labour of judges in jury trials

IF 1.3 3区 社会学 Q1 LAW Journal of Law and Society Pub Date : 2023-11-27 DOI:10.1111/jols.12458
COLETTE BARRY, CHALEN WESTABY, MARK COEN, NIAMH HOWLIN
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Abstract

Judges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited research on the emotion management performed by judges in their interactions with jurors. Drawing on a qualitative study of judge–jury relations in criminal trials in Ireland, we illustrate how judges learn and habituate emotional labour practices through informal and indirect processes. Judges described managing their emotions to demonstrate impartiality and objectivity. Their accounts also underline the importance of balancing presentations of neutrality with empathy, as well as being mindful of the potential emotional toll of jury service on jurors.

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陪审团审判中法官的情感劳动
法官需要在日常工作中抑制和管理自己的情绪,以及其他法院使用者和工作人员的情绪。以往的研究考察了法官所承担的复杂情绪劳动,但对法官在与陪审员互动中所进行的情绪管理的研究有限。根据爱尔兰刑事审判中法官-陪审团关系的定性研究,我们说明了法官如何通过非正式和间接的过程学习和习惯情绪劳动实践。评委们描述了如何控制自己的情绪,以表现出公正和客观。他们的叙述还强调了平衡中立与同情的重要性,以及注意陪审团服务对陪审员的潜在情感代价。
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来源期刊
CiteScore
2.00
自引率
15.40%
发文量
59
期刊介绍: Established as the leading British periodical for Socio-Legal Studies The Journal of Law and Society offers an interdisciplinary approach. It is committed to achieving a broad international appeal, attracting contributions and addressing issues from a range of legal cultures, as well as theoretical concerns of cross- cultural interest. It produces an annual special issue, which is also published in book form. It has a widely respected Book Review section and is cited all over the world. Challenging, authoritative and topical, the journal appeals to legal researchers and practitioners as well as sociologists, criminologists and other social scientists.
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