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ORIGINAL RESEARCH article

Front. Sociol.
Sec. Sociology of Emotion
Volume 9 - 2024 | doi: 10.3389/fsoc.2024.1457424
This article is part of the Research Topic Constructing Objectivity: Emotions in Legal Decision-making View all 7 articles

Incredibly emotional: Interpreting trustworthiness in Danish courtrooms

Provisionally accepted
  • University of Copenhagen, Copenhagen, Denmark

The final, formatted version of the article will be published soon.

    This paper explores how Danish legal professionals assess the trustworthiness of victims in criminal cases based on emotional expressions. It focuses on the alignment of these expressions with the nature of the crime, the social context, and the victims' social identities, and is based on findings from several ethnographic projects involving extensive observations of crime cases and interviews with criminal justice professionals. The research analyzes how victims' emotional expressions are scrutinized and interpreted within the context of Danish cultural norms, which favor ‘calm and quiet’ behavior. Legal professionals define this behaviour as specifically ‘Danish’, and often contrast it to ethnic minorities’ way of enacting emotions. Emotions are thus culturally and socially interpreted in courtroom set-tings, and I relate these findings to broader discussions about how emotions mediate, co-create and maintain systematic differences based on gender and ethnicity in legal decision-making. The study thus highlights the cultural and social dimensions of emotions in this legal setting and calls for greater awareness of how these factors influence the assessment of trustworthiness.

    Keywords: Legal decisionmaking, courtroom ethnography, Law and emotion, Intersectionality, Cultural norms

    Received: 30 Jun 2024; Accepted: 29 Nov 2024.

    Copyright: © 2024 Johansen. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

    * Correspondence: Louise Victoria Johansen, University of Copenhagen, Copenhagen, Denmark

    Disclaimer: All claims expressed in this article are solely those of the authors and do not necessarily represent those of their affiliated organizations, or those of the publisher, the editors and the reviewers. Any product that may be evaluated in this article or claim that may be made by its manufacturer is not guaranteed or endorsed by the publisher.