Beyond a reasonable doubt : the emotive-cognitive evaluation of intent and credibility : Global Meeting on Law and Society, Lisbon, July 13-16, 2022
Minissale, Alessandra and Bergman Blix, Stina LU
(2025)
In International Journal of Law in Context
21(4 (Special Issue)).
p.691-710
- Abstract
- Credibility and intent are important but imprecise legal categories that need to be assessed in criminal trialsas neither common nor civil legal systems provide decision-makers with clear rules on how to evaluatethem in practice. In this article, drawing on ethnographic data from trials and deliberations in Italiancourts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ andprosecutors’ evaluations of credibility and intent, focusing on cases of murder, intimate partner violenceand rape. Using sociological concepts of epistemic emotions, empathy, frame and legal encoding, we showthat legal professionals use different reflexive practices to either avoid settling on feelings of certainty orovercome doubts... (More)
- Credibility and intent are important but imprecise legal categories that need to be assessed in criminal trialsas neither common nor civil legal systems provide decision-makers with clear rules on how to evaluatethem in practice. In this article, drawing on ethnographic data from trials and deliberations in Italiancourts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ andprosecutors’ evaluations of credibility and intent, focusing on cases of murder, intimate partner violenceand rape. Using sociological concepts of epistemic emotions, empathy, frame and legal encoding, we showthat legal professionals use different reflexive practices to either avoid settling on feelings of certainty orovercome doubts when evaluating credibility and intent. Empathy emerges as a multifaceted tool that caneither generate certainty or be used deliberately to instigate or overcome doubts. We contribute to thegrowing body of literature addressing the emotional dynamics of legal decision-making. (Less)
- Abstract (Swedish)
- Credibility and intent are important but imprecise legal categories that need to be assessed in criminal trials as neither common nor civil legal systems provide decision-makers with clear rules on how to evaluate them in practice. In this article, drawing on ethnographic data from trials and deliberations in Italian courts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ and prosecutors’ evaluations of credibility and intent, focusing on cases of murder, intimate partner violence and rape. Using sociological concepts of epistemic emotions, empathy, frame and legal encoding, we show that legal professionals use different reflexive practices to either avoid settling on feelings of certainty or overcome... (More)
- Credibility and intent are important but imprecise legal categories that need to be assessed in criminal trials as neither common nor civil legal systems provide decision-makers with clear rules on how to evaluate them in practice. In this article, drawing on ethnographic data from trials and deliberations in Italian courts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ and prosecutors’ evaluations of credibility and intent, focusing on cases of murder, intimate partner violence and rape. Using sociological concepts of epistemic emotions, empathy, frame and legal encoding, we show that legal professionals use different reflexive practices to either avoid settling on feelings of certainty or overcome doubts when evaluating credibility and intent. Empathy emerges as a multifaceted tool that can either generate certainty or be used deliberately to instigate or overcome doubts. We contribute to the growing body of literature addressing the emotional dynamics of legal decision-making. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/25cbc22f-cc1d-4a54-bd56-eb0865ce2896
- author
- Minissale, Alessandra
and Bergman Blix, Stina
LU
- publishing date
- 2025
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Emotions, Legal Decision-Making, Credibility, Intent, Criminal Trials, Sociology (excluding Social Work, Social Psychology and Social Anthropology), Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)
- in
- International Journal of Law in Context
- volume
- 21
- issue
- 4 (Special Issue)
- pages
- 20 pages
- publisher
- Cambridge University Press
- external identifiers
-
- scopus:105009969024
- ISSN
- 1744-5523
- DOI
- 10.1017/S174455232510013X
- language
- English
- LU publication?
- no
- id
- 25cbc22f-cc1d-4a54-bd56-eb0865ce2896
- date added to LUP
- 2026-01-27 09:29:32
- date last changed
- 2026-01-30 14:37:32
@article{25cbc22f-cc1d-4a54-bd56-eb0865ce2896,
abstract = {{Credibility and intent are important but imprecise legal categories that need to be assessed in criminal trialsas neither common nor civil legal systems provide decision-makers with clear rules on how to evaluatethem in practice. In this article, drawing on ethnographic data from trials and deliberations in Italiancourts and prosecution offices, we discuss the emotive-cognitive dynamics at play in judges’ andprosecutors’ evaluations of credibility and intent, focusing on cases of murder, intimate partner violenceand rape. Using sociological concepts of epistemic emotions, empathy, frame and legal encoding, we showthat legal professionals use different reflexive practices to either avoid settling on feelings of certainty orovercome doubts when evaluating credibility and intent. Empathy emerges as a multifaceted tool that caneither generate certainty or be used deliberately to instigate or overcome doubts. We contribute to thegrowing body of literature addressing the emotional dynamics of legal decision-making.}},
author = {{Minissale, Alessandra and Bergman Blix, Stina}},
issn = {{1744-5523}},
keywords = {{Emotions; Legal Decision-Making; Credibility; Intent; Criminal Trials; Sociology (excluding Social Work, Social Psychology and Social Anthropology); Sociologi (exklusive socialt arbete, socialpsykologi och socialantropologi)}},
language = {{eng}},
number = {{4 (Special Issue)}},
pages = {{691--710}},
publisher = {{Cambridge University Press}},
series = {{International Journal of Law in Context}},
title = {{Beyond a reasonable doubt : the emotive-cognitive evaluation of intent and credibility : Global Meeting on Law and Society, Lisbon, July 13-16, 2022}},
url = {{https://lup.lub.lu.se/search/files/240772612/Minissale_Bergman_Blix_2025_Beyond_a_reasonable_doubt.pdf}},
doi = {{10.1017/S174455232510013X}},
volume = {{21}},
year = {{2025}},
}