Jag ska göra mitt och sen går jag - En kvalitativ studie om hur vittnesplikten uppfattas och förstås av vittnen i brottmål

Abstract

The duty to testify is a legal obligation in Sweden that some people may never have to consider or think about. Using Ewick and Silbey's (1998) critical sociological theoretical framework on legal consciousness as a theoretical starting point and analytical tool, the aim of this study is to analyze how people who testify in criminal cases understand and relate to the duty to testify and how this understanding relates to their legal consciousness. By analyzing these aspects of witnesses' experiences and perceptions, the complex dynamics that exist between social expectations and legal obligations can be illuminated. Semi-structured interviews were chosen as a data collection method to ensure that the study, in line with the purpose and research question, would rely on as authentic and credible a source as possible. The study identified six types of witnesses, categorized using the legal consciousness theory and presented through the concepts of the passive witness, the anxious witness, the principled witness, the competent witness, the lonely witness and the wounded witness. The study shows that witnesses' perceptions of the duty to testify are shaped by moral considerations rather than legal awareness. It also indicates that prior knowledge of the various aspects of the legal process can play a crucial role in individuals' experiences and understanding of the law. Additionally, the study demonstrates that emotional and psychological factors significantly affect the experience of the duty to testify, and that access to social support during the legal process is an important and positive part of a witness's experience of testifying in a criminal case. Finally, the research highlights that witnesses' perspectives and experiences are central factors influencing their future attitude toward testifying.