This paper examines the role of emotion in criminal justice, arguing that while objectivity is an ideal, human emotion inevitably shapes the decisions of law enforcement officers, judges, prison officials, and attorneys. The paper explores how professionals can develop mature emotional intelligence — learning to use emotions such as compassion, sympathy, and even anger productively — while avoiding the pitfalls of excessive emotional response or emotional detachment. A practical framework is proposed for recognizing, reading, and channeling emotional energy to achieve just outcomes that balance the needs of communities, victims, and perpetrators alike.
Although criminal justice professionals strive to maintain and promote ideals of objectivity, emotion will always enter into the equation. No human endeavor can be emotionless, and criminal justice is no exception. Crimes, especially violent ones, can have devastating effects not only on the victim and his or her family, but on the entire community. Anger, fear, vengefulness, sorrow, grief, and even elation can all accompany the criminal justice process. Media hype and other elements contribute to the creation of intense emotion that surrounds the process of criminal justice.
The process of criminal justice entails balancing the needs of the community with the needs of the individual victim or victims and the perpetrator or perpetrators. To balance these needs, criminal justice officials must occasionally rely on emotional input. Sometimes that emotional input arises from within the professional — in the form of sympathy for the victim, or in many cases, compassion for the suspect. Therefore, one of the most difficult aspects of criminal justice is crafting compassionate punishments that fit the crime without overstepping the boundaries of justice.
All members of the criminal justice system, from officers of the law to judges on the bench, must to some degree use their emotions as guidance when making important decisions regarding sentencing or plea bargaining. While emotion should not overrun reason and objectivity, it does play a key role in criminal justice procedure. Emotion can inspire compassion for all people involved. On the other hand, emotion becomes a detriment to the criminal justice official when it interferes with reason, objectivity, and common sense.
There are several ways that criminal justice officials can develop mature emotions and incorporate emotional input into the decision-making process. For example, law enforcement officials can develop sensitivity to the needs of women and minorities in their community, and through emotional awareness, learn how to better attend to the needs of victims. When a woman reports domestic violence, police should take the call seriously and treat her with both respect and concern, as well as with appropriate authority. Similarly, homeless individuals in times of need must be treated with respect by law enforcement officials, who should develop sensitivity and kindness toward disadvantaged members of the community.
On the other hand, law enforcement officials must also learn how to overcome or productively channel powerful emotions such as anger and rage. Anger, used appropriately, can be useful to a law enforcement official — it can spark a burst of energy when pursuing a suspect. The key lies in recognizing when such emotions are helpful and when they risk causing harm.
Other criminal justice officials — including officers of the court, prison officials, attorneys, and judges — can also incorporate emotion into their professional lives more effectively. Prison officials especially need to address emotionality in their work because of the wide range of situations they may encounter during the course of a day on the job. Anger can facilitate firm handling of unruly prisoners, but sympathy and compassion can prevent undue cruelty, harm, or abuse of those in custody.
Judges also bear a responsibility to develop mature emotions in their approach to criminal justice. Because judges ultimately deliver sentences, emotions ranging from compassion to anger can assist in the issuance of just outcomes. Sentencing should balance the victim's need for retribution with the convicted individual's need for compassion. This equilibrium is difficult to achieve, but it is the standard toward which every judicial decision should strive.
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