Comparing culturally embedded frames of judicial dispassion

Abstract

If you had been a competent prosecutor, which you are not, you would have hedged against the possibility that maybe the judge would disagree with you . . . on the law. . . . If these drug dealers are walking free, it is because you did not hedge against that possibility. Don't lay it at my doorstep. . . . [I]f they are walking out of here it is because you people were not competent enough to put in an extra charge in your indictment. 2The prosecutor proceeds with the interrogation of the accused in a happy-go-lucky tone of voice. The accused is mocking her but she pretends not to notice and continues to ask questions that are leading and provocative, making the accused all worked up and defensive. The judge is not taking any notes and sits looking from the accused to the prosecutor and back again. The prosecutor asks a series of questions to which the accused simply answers no: "Did you see anybody hit him as he stood up? Did you see anybody hit him when he sat down?" The judge turns abruptly to look at the prosecutor, then puts her hand on her mouth and keeps looking at the prosecutor. (Author's Observation, drug offense, Monika, Judge, 45+) 1 This research has received funding from the European Research Council (ERC) under the European Union's Horizon 2020 research and innovation programme awarded to Bergman Blix (grant agreement No 757625). Both authors have contributed equally to this work. 2 U.S. District Court Judge John Sprizzo in 1989 scolding prosecutors for having handled a drug case badly,