(Available in PDF format upon request. Copyright 2019)
Legal Actor Contributions Survey (LACS)
1. Introductions
Initial address by the judge to the defendant in court (please check the circle if these elements are present):
1.a Establishes context: The judge explains to the defendant how the court works and the aims of the hearing (unless multiple hearings have already taken place).
1.b The judge addresses the defendant personally
1.c The judge makes eye contact
1.d The judge is non-intimidating, speaks calmly, with a neutral tone.
1.i Emotional tone (select number closest to the tone on the continuum below)
1 2 3 4 5
warm --positive but firm-------neutral --------cold ------------- hostile
1.j Body language (circle one in each option):
i. open / closed
ii. dominant / encouraging
2. Discussion about problem(please check the circle if these elements are present):
2.a The judge asks about the nature, context and reasoning behind the defendant’s crimes.
2. b. The judge asks the defendant what they think the problem and their solution might be.
Including, enquiring about;
Adverse or traumatic life events
Substance misuse, abuse or dependence
Mental health issues
Family and cultural norms
Other social or economic issues
2.c The judge includes the defendant’s words into statements and questions (while enhancing responsibility)
3. Summary or Sentencing Remarks(please check the circle if these elements are present):
3.a The judge creates a collaborative definition of the problem with the defendant
3.b The judge incorporates the defendant and their context into sentencing
3.c Location of the problem (please circle one)
The judge describes the defendant as their behaviour
The judge separates the behaviour from the defendant
3.d The location of responsibility to act (agency and accountability) in judicial speech (please circle one)
The judge describes the defendant as responsible for their actions
The judge describes the defendant as not responsible for their actions
Please check the circle if these elements are present:
3.e The judge explains the reasons for sentencing
3.f The judge makes reference to the emotions and wishes of defendant in sentencing remarks
3.g The judge includes acknowledgement of the victim’s experience in sentencing remarks
3.h The judge guides conversations within the courtroom with participants and themselves that have an overt agenda for change
3.h.i The judge builds a coherent story or narrative of the context of the crime
3.i Resources: (please circle the number which corresponds to your overall impression of the judicial discussion)
1 2 3 4 5
No mention of resources and support
Mentions resources and support
Mentions multidisciplinary practice resources and supports
4. Judicial Communication Skills
4.a Questions
Open 1 2 3 4 5 Closed
4.b Listening
Active 1 2 3 4 5 Passive
Active listening: does the judge make use of the following techniques? (please check the circle if these elements are present):
4.c Paraphrasing
4.d Asks clarifying questions
4.e Validation / minimal encouragers
Participation: does the judge make use of the following techniques?
4.f Inviting defendant to participate
4.g Turn taking in discussion
4.h Adaptation of communication style to defendant (cognitive ability, language, communication disorders)
4.i Cultural referencing appropriate to client
4.j Offering the defendant relevant and supportive choices
5. Judicial positioning / trust / rapport
5.a Observed emotional tone of the judge overall (please circle one):
1 2 3 4 5
warm------positive but firm------neutral ------------cold ---------- hostile
5.b Body language overall (please circle one):
1 2 3 4 5
open ---------------------------------------------------------------------------closed
5.c 1 2 3 4 5
encouraging ------------------------------------------------------------------- dominant
5.d Judicial positioning overall (please circle one):
1 2 3 4 5
Positioned as an ally -------------------neutral----------------------------adversarial
Please check the circle if these elements are present:
5.e Did the judge and defendant appear to honestly agree on the goals of the hearing
5.f Did the judge and defendant appear to honestly agree on the tasks to be completed during the hearing
Judicial Body language: the body language displayed by the judge during the hearing
5.g Attentive and open (looking at the defendant, arms uncrossed, leaning in, head tilting, slow nodding, furrowed brow, interest noises eg. ‘hmmm hmmm’)
5.h Dominant (stern or disapproving expression, body positioned to take up a lot of space, display of expensive items, interrupting, preening or inspecting nails, stroking chin, aggressive gestures, rolling eyes)
5.i Bored or tired (mostly looking away from the defendant, drumming fingers, tapping toes, tapping other objects, yawning, sagging posture)
5.j Closed posture (arms crossed, head tilted down and away)
5.k Evidence of reciprocity in the interaction between the judge and the defendant
(mirroring in body posture, emotional tone, facial expression
