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Original Articles

Judge interventions in criminal trials: A mixed qualitative and quantitative study

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Pages 41-55 | Received 18 Jan 2010, Accepted 07 Sep 2011, Published online: 17 Dec 2014
 

Abstract

This contribution studies judges’ interventions (spontaneity, type, modality, duration, outcome) during the examinations led by prosecutor, defence and civil party in three criminal trials. Through a combined qualitative and quantitative approach, the relevant categories concerning the characteristics of the interventions were identified and applied to videorecorded materials. Overall, the identified judges’ interventions are N = 443. Our results show that most of the interventions were not requested by the parties, aimed to ask/provide information rather than recall to duties or reformulation, were executed in a paternalistic way or in a neutral/logic manner rather than in a helping/supporting or reprimanding one, and finished in agreement rather than compromise, disagreement or negative outcome.

Log-linear analyses show that judges behaved positively toward interviewees and prosecutors and negatively toward defence attorneys. The variability among judges’ behaviors and trials are discussed under a theoretical point of view and according to their implications for the legal system and the training of judges.

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