Judicial Dispassion In The Criminal Justice Process

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CRIME AND CRIMINAL PROCESS COURT REPORT
Kathryn Murray
Within the criminal justice system, there’s been longstanding emphasis on judicial dispassion, in which the judge adopts a detached, unemotional demeanor to support their positional authority. As such, the courts have adopted a widespread belief that this behavior is the best means of demonstrating impartiality. Although judicial dispassion remains the dominant form of judgecraft, many question the effectiveness of this disengaged form of delivering justice. New ideas about the importance of judicial emotional management, especially in the Lower Courts, which include more active, collaborative attitudes, emphasizing direct communication, increased attention to the personal circumstances of defendants in court, and the need to acknowledge the human interests at stake, are redefining society’s ideas of what constitutes “good …show more content…

Zhang, in which Justice Tupman displayed increasingly annoyance with the defense’s line of questioning, ordering the attorney to “get on with it,” and “just get to the point already.” When he continued questioning in a similar manner, the Justice stopped the proceedings, excused the jury and reprimanded the attorney for fifteen minutes. Similar impatience was displayed at the Supreme Court level in R v. McNarma. Within a period of twenty-five minutes, Justice Bellow interjected nineteen times to the defense’s line of questioning, stating, “this is of marginal importance,” “I reject this. It cannot possibly be relevant,” and “you are testing my patience.” During that same period, he excused the jury twice in order to reprimand the defense attorney for his “inappropriate line of questioning.” Although the Justices in these cases are not directly addressing the defendant, this condescending behavior, cannot be lost on them, and has the effect of undermining, rather than enhancing the legitimacy of the judicial

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