Through the years, the judge Hjalmar Forsberg led thousands of negotiations in Swedish courtrooms. He has acquired a picture of how emotions affect the work of courts – and of how he should handle his own emotions when the case is about child sexual abuse, wanton robbery, war crimes, and violent murders.
” We see a great paradox. The administration of justice shall be exempt from the emotions, clinically free and objective. At the same time seething rättssalarna of aggression, anger, sorrow and helplessness of the accused, victims and witnesses. In the environment, we should judge to act professionally, ” said Hjalmar Forsberg.
and head for one of the four departments at the Court of appeal for Western Sweden. Recently was one of his goals was on a man who was charged with illegal driving with an Epatraktor. Two years ago, he sentenced seven young men for their involvement in a masskjutning at a restaurant in Gothenburg, with two dead and several injured.
In the latter case, it was necessary to meet the distraught parents, weeping, complainants and cocky defendants. And if, to treat all involved with respect, so that no one would believe that everything was prepared in advance, that is to say, if there would be a conviction or acquittal there.
– the Years the judge has given me experience that makes me not afraid of strong emotions. I think I have a good strategy to manage them. The natural canon vary also from person to person. Perhaps I’m fortunate in that regard, ” said Hjalmar Forsberg.
I Am unsure friar I, this is the law in order to avoid condemning innocent people.
He says that he can feel both the strong antipathy and strong understanding of any of the parties in a trial. The raped young woman, who perhaps recalls one of his daughters or the man who he immediately identifies as a real bugbear. It may never affect the sentencing, ” he says emphatically.
– If it occurs I would be a really lousy judge.
it’s all judgmental to put a jigsaw puzzle on the basis of the facts and the evidence the prosecutor presents and the lawyer believes speaks to the defendant’s benefit.
” If my judgments are guided by a personal attitude to the accused or to the victim, I would soon be unraveled. In my judgmental, I must always ignore my feelings. So simple is the only.
” I think that much is about experience. In the beginning, I listened and watched a lot of experienced judges and learned of how they acted. Then I think that the very awareness that I can have feelings for any of the parties, and how they look, makes it easier to handle and ignore them.
Helen has been involved in cases where the puzzle he was talking about just says ”free”, but where the gut says ”judge”.
– In those cases it is only to present an exculpatory judgment. Anything else would be dishonest against the defendant. Yes, against the entire justice system. I stand for my convictions. I am unsure friar I, this is the law in order to avoid condemning innocent people, and sometimes, it should be concluded other than in the district court.
Hjalmar Forsberg. Photo: Tomas Ohlsson
tells us that he is as happy young 27-year-old in August 1991, stepped through the gate to the district court in Stockholm. Where would he begin to work as a notary. He had first read the history of ideas at the university after high school, but thought it related to what others have already thought it out.
” I was, and still is, very interested in society and of people. When I wanted to do something more concrete appeared the law school at the university up in my thoughts. In the family there was at all no link to that particular discipline.
a few words of economist and nobel Laureate Gunnar Myrdal was of great importance for career choice. Myrdal argued that in the same way as the watchmaker picks apart a clock to understand what is wrong with picking a lawyer in a sense apart of society.
After his law degree, he has gained experience from the judiciary in the district court and the court of appeal, he has also worked with law in government offices and in Brussels.
” I wonder now and then what has happened since the young förväntansfulle man began as a clerk on a hot August day. How have the years as a judge have affected me? I have become more sensitive after having seen countless photos of the bloody bodies, the children who are victims of sexual assault and the like? I powered the still of the to give everyone the same fair treatment?
Forsberg becomes silent for a moment. He says that he must, of course, have been affected by that have ruled on the thorny disputes without any winner, condemned livstidstraff and ensured that persons expelled from Sweden. But how, it is difficult to determine.
” I have with my signature helped to lock in people for many years. I have seen to it that the relatives did not get to meet their loved who are imprisoned miles away from home. I have made the relatives and the victims were disappointed when the evidence is not sufficient for a conviction.
which is actually hidden in a person’s unconscious, ” said Hjalmar Forsberg. His reasoning often with himself to understand his internal motivations, but also talk often with friends and colleagues about their thoughts and feelings. Even his wife is one of the key partners.
” hold judicial office is a bit special. It’s about rational assessment of evidence, and that all must be able to understand logically why the dom looks the way it does. They must be able to follow how the individual pieces in it where the puzzle fits together. If we of the right do not succeed, it erodes soon the confidence of the courts.
A defender has more space to show their feelings, to even become angry. But if I judge it will be, then it should be expulsion.
Hjalmar Forsberg is now in charge of about twenty lawyers and other staff of a department within the Court of appeal for Western Sweden. He has performance reviews, and similar tasks, but he also leads many negotiations.
” When I sit as judges is the respect A and O. I appeal always to the accused, the witnesses and the plaintiff by their first name and last name, and the prosecutor and the defense counsel with their titles. Not just using first names is a way to highlight the dignity and the impartiality of the judiciary, and that we as judges do not allow our personal feelings and emotions guide.
the actors in the courtroom are allowed to show their emotions is completely ok, ” said Hjalmar Forsberg. In all cases, to a certain limit.
” A prosecutor should not show feelings, but commitment. Hen is the state representative and must behave with dignity and not mix their emotions. If a prosecutor becomes too personal, I usually tap with my pen on the microphone.
– the defense counsel representing their client against the prosecutor, who has much more resources at their disposal. Försvararuppdraget is personal and a defender has more space to show their feelings, to even become angry. But if I judge it will be, then it should be expulsion.
” I try to think about it and I know with me that I wrestle with a little patience. I avoid to make approval or disapproval miner, raises very rarely the voice. Subtle emotions can easily be misinterpreted. If any accused person is fighting or it is messy in the gallery, I ask him to calm down, otherwise he goes or she’s out. A short silence is an effective way to take command in the courtroom.
” Not in the way that the question might relate. Take a våldtäktsmål when a woman says that she has been the victim of a sexual assault, while the man believe that everything was voluntary. Both parties are full of extremely strong emotions. I have to show, by my way of being, that it is acceptable to have such feelings, otherwise I consume someone’s or mutual trust.
“I shall be empathic, to show that I understand the parties’ emotions. But I must not be sympathetic in the sense that I agree with any of the parties. For me it is a big difference.