Noise, voice and silencing during immigrant court-case performances in Swedish district courts

Elsrud, Torun; Lalander, Philip; Staaf, Annika

doi:10.1177/1468796815588620

Cited by 17 publications

(7 citation statements)

References 18 publications

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“…The nature of the data has a limitation in that the sentences describe the aftermath of the judicial process and do not capture the interactional processes occurring in court (cf. Elsrud et al, 2017 ). The identified ideal types are used heuristically in our analysis and our study cannot answer to what extent or in what ways these are put to active use in the judicial processes about online drug purchases.…”

Section: Discussionmentioning

confidence: 99%

Ordinary people, criminals, addicts and recreational users: Swedish court of law descriptions of persons sentenced for online drug purchases

Tiberg

Nordgren

2022

Nordic Studies on Alcohol and Drugs

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Background: The aim of this study was to analyze how Swedish courts describe persons sentenced for purchasing illicit drugs online. Methods: Qualitative analysis of naturally occurring data through 201 sentences that included 248 individuals sentenced for having purchased drugs online between January 1 2010 and January 1 2020. Results: The analysis resulted in the construction of four ideal types regarding the described characteristics of the sentenced persons; the ordinary person, the recreational user, the addict and the criminal. The courts operate with a notable dichotomy between traditional drug markets and online drug markets, that can be understood in relation to descriptions of Bourdieusian capital forms, specifically street capital and digital capital. Conclusion: Descriptions relating to street capital were of larger interest to the courts compared to digital capital, although there were examples of when the courts argued that uses of digital capital should be viewed as an aggravating circumstance. The courts largely held a dichotomous view of online and offline drug markets that focus on street-based criminality, which may have implications for how emerging digital drug markets are responded to by drug law enforcement and judicial systems.

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Section: Discussionmentioning

confidence: 99%

Ordinary people, criminals, addicts and recreational users: Swedish court of law descriptions of persons sentenced for online drug purchases

Tiberg

Nordgren

2022

Nordic Studies on Alcohol and Drugs

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“…In these cases, the ‘good’ Swedish culture is framed as a contrast to the ‘unruly’ Roma culture, and signs of adapting to Swedish culture are put forward as something positive. Elsrud et al (2015) find that Swedish courts place ‘Swedish identity’ and ‘Swedishness’ as normative and desirable standards when evaluating cases involving minorities. This can also be found in these four cases.…”

Section: Roma Legal Culture In the Courtmentioning

confidence: 98%

Legal Silencing of Minority Legal Culture: The Case of Roma in Swedish Criminal Courts

Nafstad

2018

Social & Legal Studies

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The traditional Swedish monocentric and uniform legal model is challenged by an increasingly diverse contemporary legal situation associated with the development of a multicultural and pluralistic society. How Swedish criminal courts handle this in terms of understanding and framing minority legal culture is addressed by looking into what role is given to this culture in the courts’ construction of facts and in sentencing. A particularly interesting case in this regard is the national minority Roma, seen as an example of a Swedish group that brings other normative systems into the state legal system through their distinct legal culture. Through an investigation of written verdicts, it is demonstrated that accounts of Roma legal culture face ‘legal silencing’ by the court – it is either not given significance or is given a form of attention that essentializes and alienates the culture. An analysis into why this legal silence occurs and into the possibilities for taking legal culture into account is provided. It is argued that there are structural barriers hampering the courts from taking legal culture into account but also that these structures can be changed for betterment to ensure equality before the law and hence legitimacy in a multicultural society.

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“…Studies on the Swedish courtroom have previously focused on linguistic or discursive impression management (Aronsson, Jönsson, and Linell 1987; Adelswärd 1989) and the obligation of duty prosecutors and judges must follow, namely, objectivity (Jacobsson 2008; see also Maxwell Atkinson 1992). However, more recently the focus has turned to emotional aspects—prosecutors’ use of emotions (Törnqvist 2013; Wettergren and Bergman Blix 2016), the emotional impact of a trial (Elsrud, Lalander, and Staaf 2015), the display and representation of emotions (Dahlberg 2009), judges’ use of emotions (Bergman Blix and Wettergren 2016), and sociopsychological aspects of the courtroom (Brottsförebyggande rådet 2013)—and in an earlier article, I describe the emotional regime and presentation of objectivity in a Swedish law program (Flower 2014b).…”

Section: Research On Interactions and Emotions In The Courtroommentioning

confidence: 99%

Doing Loyalty: Defense Lawyers’ Subtle Dramas in the Courtroom

Flower

2016

Journal of Contemporary Ethnography

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The courtroom work of defense lawyers has received surprisingly little sociological attention. What does a defense lawyer actually do in court? How do defense lawyers represent their client beyond the hard paragraphs of the law? By studying this phenomenon in a context where the scope for expressive gestures is limited, it is possible to gain a greater understanding into the often subtle ways in which legal teamwork is performed. This article draws on ethnographic field notes from courtrooms in Sweden to explore how defense lawyers, who have taken an oath to loyally represent clients, do this using (1) little dramatic productions, (2) little dramatic reductions, and (3) directions of teammates. These strategies are found to involve the use of props and the body in order to perform vicarious face-saving practices necessary to maintain professional face and teamface and to manage face threats. Each of these strategies reproduce and reinforce the emotional regime of the courtroom. A Goffmanian framework is used to show how emotions are managed in the courtroom in order to conform to the emotional regime. The findings therefore show how defense lawyers not only represent their clients juridically but also interactionally and introduces the new term "little dramatic reductions," which is also relevant to other professions involving loyalty and teamwork.

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Noise, voice and silencing during immigrant court-case performances in Swedish district courts

Cited by 17 publications

References 18 publications

Ordinary people, criminals, addicts and recreational users: Swedish court of law descriptions of persons sentenced for online drug purchases

Ordinary people, criminals, addicts and recreational users: Swedish court of law descriptions of persons sentenced for online drug purchases

Legal Silencing of Minority Legal Culture: The Case of Roma in Swedish Criminal Courts

Doing Loyalty: Defense Lawyers’ Subtle Dramas in the Courtroom

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