Performance of the Defendant Role

Abstract: Given the fact that experimental studies have found an influence on legal decision making by the court’s impression of the defendant, while at the same time the defendant has been foreseen in research on courtroom interaction and emotion, it is highly significant to study the way the defendant interact during criminal trials. This thesis is based on an ethnographic-inspired study conducted in Swedish lower court during the spring of 2021. Observations of the interaction taking place was conducted in different lower courts in southern Sweden in the waiting rooms as well as during the trials. With a symbolic interactionist cultural theoretical perspective, the way the defendant role is performed is analysed from two angles, how the defendant constructs a strategy of action when not having situation-appropriate cultural experience, and what impressions the defendant gives when preforming the defendant role. The analysis shows that the defendant’s performance is constantly managed by the professional participants of the court, and that a successful performance in general depends upon such management. Findings also shows that defendant whole bodies are involved in giving off expressions regarding their credibility, personality, and their effort of teamwork with the defence lawyer. The findings of this study both support and deviate from those of previous research. By expanding knowledge of courtroom interaction and connecting previous experimental studies to observations during real criminal trials, this study adds to the expanding knowledge of the interactional aspects of justice.