The Power of Experiential Learning in em
The Power of Experiential Learning in em
To cite this article: Esther Nir & Jennifer Musial (2020): The Power of Experiential
Learning in Emotional Courtroom Spaces, Journal of Criminal Justice Education, DOI:
10.1080/10511253.2020.1817515
“Emotion is the moving and cementing force. It selects what is congruous and dyes what it
selected with its color, thereby giving qualitative unity to material externally disparate and
dissimilar.” (Dewey, 1938/1997, p. 42) .
professional workplace where power dynamics, personality conflicts, and every day
human interactions and reactions take place between court actors (e.g. judges, prose-
cutors, defense attorneys, and court personnel). People who work in these spaces also
bring their own emotional lives to the courtroom.
So, what happens when you assign students who may be reluctant, minimally inter-
ested, or even disinterested to observe courtroom proceedings and journal their expe-
riences? Do these observations trigger emotional responses in students? Do students
personally relate to these experiences? Can providing experiential learning opportuni-
ties in courtroom spaces spark student interest in court systems and processes that
are central to criminal justice education? If students become emotionally engaged, is
this engagement a catalyst to a more nuanced and sophisticated comprehension of
the judicial system? Using two separate sections of an honors course titled “Trial
Advocacy and the American Legal System,” we placed our students in courtrooms to
observe criminal court processes (such as arraignments, hearings, trials, and sentenc-
ing) and to create field notes (in a journal) describing their experiences, perceptions,
feelings, and opinions regarding their observations. We then analyzed the journals to
evaluate how students responded (both emotionally and intellectually) and whether
the experiences led to productive learning outcomes. In this article, we begin with a
description of our institution, participating student demographics, and the compo-
nents of our course. After a brief literature review, we share our methodology and
results from our qualitative analyses of student journals. The article culminates in a
discussion on the value of engaging criminal justice students in emotional court-
room spaces.
Institutional description
New Jersey City University is a Minority-Serving, Hispanic-Serving public liberal arts
institution located in a diverse corridor in the urban Northeast. The campus draws
over 6,000 primarily commuter undergraduate students from surrounding counties.
New Jersey City University advertises itself as an affordable institution so it appeals to
working class and working poor students who can continue their employment while
attending class. About 57% of students are the first in their families to go to college
(Gerber, S., Personal Communication, October 23, 2018). New Jersey City University
does not collect data on immigration status or experience, but as professors at the
institution we know that most students are either immigrants themselves or come
from immigrant families. Nursing, psychology, and criminal justice are the largest
majors at New Jersey City University.
Study demographics
Student demographics were collected through optional, anonymous pre- and post-
learning surveys. Of the 47 students who enrolled in HON 102, 44 voluntarily provided
demographic information through our pre-learning survey and 41 completed the post-
learning survey at the end of the semester. We learned that 61% (27) of the students
are cisgender women and 39% (17) are cisgender men. Given the ability to choose
JOURNAL OF CRIMINAL JUSTICE EDUCATION 3
from multiple racial/ethnic identifiers, the majority of students at 59.1% (26) selected
Latinx/Hispanic while 6.8% (3) selected Another Category Not Identified. About 4.5%
(2) of students chose each of the following: Bi-/Multi-racial, Black/Afro-Caribbean/
African American; Indigenous/Native American/Pacific Islander/Alaskan Native; and
Non-Latinx/Hispanic White or Euro-American. About 2.3% (1) opted for each of the fol-
lowing: East Asian; Latinx/Hispanic, Black/Afro-Caribbean/African American; Latinx/
Hispanic, Indigenous/Native American/Pacific Islander/Alaskan Native; Latinx/Hispanic,
Non-Latinx/Hispanic White or Euro-American; Middle Eastern or Arab; Non-Latinx/
Hispanic White or Euro-American; and South Asian. All of the students were under the
age of 25. Only 39% (17) reported they were First Generation to College. Briefly, 27%
(12) of students said they were immigrants, while 47% (21) said one or more of their
parents was an immigrant. Many students held a job: over a third of the class (14)
works between 21 and 30 hours a week while a quarter of the class works 11 to
20 hours a week (11). About 11.4% (5) said they look after at least 1 child, 4.5% (5)
take care of at least one elder/senior that requires assistance, and 4.5% (5) care for at
least one person with a disability.
Course description
Our students were drawn from two sections of a course titled “Trial Advocacy and the
American Legal System” during the Fall 2018 semester. In that semester, 25 students
were enrolled in one section of the course while 22 students were enrolled in a
second section. This required course is offered exclusively to sophomores in the uni-
versity’s honors program. The honors program draws a wide array of students; while a
handful of students in the course major in criminal justice, other majors include biol-
ogy, chemistry, business, political science, and national security, among several other
majors. The course explores the roles played by various court actors including judges,
defense attorneys, prosecutors, victims, defendants, witnesses, experts, and juries.
There are several components to this course. First, the course teaches students about
criminal case processing, trial stages, and related constitutional issues. Partly skills
focused, students assume the roles of prosecutors and defense attorneys and simulate
jury selections, opening statements, witness preparation, expert examinations, cross
examination, and closing statements. The course culminates in a full mock trial in a
state superior court, with a Superior Court judge presiding.
The course is a community engaged learning course requiring students to travel to
a courthouse of their choosing to observe criminal court proceedings for a minimum
of 10 hours over the course of the semester. Students were given the option of
attending the Jersey City Superior Court or another courthouse in their own commun-
ities. Some students chose to travel to the Jersey City Courthouse from campus in
small groups, while others preferred to attend proceedings closer to their homes.
Assistance in locating and traveling to courthouses was provided to students and stu-
dents were given the flexibility to attend court at their convenience. Further, Jersey
City Superior Court’s supervising judge provided students with hearing and trial
updates (via email) on ongoing cases to assist students in deciding which proceedings
to attend; students were permitted to attend any criminal proceeding (e.g.
4 E. NIR AND J. MUSIAL
arraignments, hearings, trials, sentencing proceedings, among others). With the excep-
tion of one class period, observations took place on the students’ own time. Students
journaled their observations and created field notes, documenting not only what they
saw, but also their opinions and reactions to their observations. Students were encour-
aged to provide as much detail as possible. After their hours were completed, stu-
dents had additional opportunities to meet with judges to ask questions and to
express their perceptions and responses to their observations. At the conclusion of the
course, students formed groups of three or four, discussed their individual experien-
ces, and collaborated to draft a letter to the judiciary providing comments and con-
structive suggestions. Each group presented their letter to the class and received
feedback from their classmates and professors.
Literature review
Community engaged learning
Civic engagement in higher education is influenced by John Dewey’s approach. In
Education and Experience, Dewey argued against rote memorization while advocating
for hands-on activities to deepen a student’s understanding of subject matter (Dewey,
1938/1997). In addition, Dewey posited that teachers should create pro-social opportu-
nities for students that cement personal growth and, ultimately, improve citizenship
outcomes. Today, civic engagement is an umbrella term that encompasses teaching
civic knowledge (i.e. the foundation of democratic governance), civic skills (i.e. critical
thinking, problem solving, collective action, community organizing), and civic values
(i.e. justice, inclusion, social participation) (Saltmarsh, 2005). Some civic engagement
courses are more provider-centric (i.e. field education, internships) while others are
more recipient-centric (i.e. volunteerism, community service); service-learning is the
balance between these polarities (Furco, 1996). Civic engagement may also include
community-based research or experiential education. Through faculty consultation, our
campus at ABC University has adopted the phrase Community Engaged Learning (CEL)
to refer to any course that pairs students with community actors or sites to study a
social problem outside the classroom. The goals of a CEL course include personal
growth, a sense of belonging, deeper understanding of the course content, an ability
to transfer knowledge from the classroom to a community context, an ability to
reframe complex social issues, heightened compassion and empathy, being able to
see an issue from another person’s perspective, preparedness to work in multicultural
environments, reduction in likelihood to stereotype a marginalized person or social
group, and an enhanced sense of social responsibility and commitment to future civic
participation (see Eyler & Giles, 1999; Naude, 2015).
Criminal justice courses use civic engagement techniques to achieve these goals.
More criminal justice/civic engagement scholarship has focused on students working
with currently or formerly incarcerated individuals than other wings of the field (e.g.
policing or courts), and it is especially common to pair students in a juvenile delin-
quency course with justice-involved youth (Hirschinger-Blank & Markowitz, 2006;
Starks, Harrison, & Denhardt, 2011; VanderPyl, 2018). These courses aim to reduce stu-
dents’ stereotypes about justice-involved youth in exchange for a deeper
JOURNAL OF CRIMINAL JUSTICE EDUCATION 5
in their communities or sites of service, they may experience anger, frustration, sym-
pathy, inspiration, happiness, sadness, gratitude, excitement, shame, admiration, anx-
iety, or compassion (Carson & Domangue, 2013; Noyes et al., 2015). Carson and
Domangue (2013) observe that student emotions will fluctuate during their CEL
experience and students will not necessarily remain in whatever emotional state is ini-
tially triggered for them. As educators, we hope that students will move from
“negative” emotions to more “positive” ones where excitement, pride, joy, reward, or
inspiration live (Noyes et al., 2015, pp. 77–80). This will not happen in all cases. Some
students may feel powerless and choose distancing as a survival strategy (Bheekie &
van Huyssteen, 2015; Taylor & Baker, 2019), develop compassion fatigue (Gemignani,
2013), or, in the cases of students who are already marginalized by systems of power,
become re-traumatized or triggered by the experience (Taylor & Baker, 2019). In the
hands of a skilled educator, and armed with good reflection or debrief exercises, stu-
dents can productively work through discomfort to arrive at insightful analyses of
community spaces and “critical hope,” which is an ethical responsibility that embraces
the “necessary tension between criticality – of privilege, charity, hegemony, represen-
tation, history, and inequality – along with a hope that is neither naïve nor idealistic,
but that remains committed to ideals of justice, reflexivity, and solidarity” (Grain &
Lund, 2016, p. 51).
Scholarship on emotions and CEL focus on how feelings arise when students are in
civic spaces and/or interacting with members of a community. Little research recog-
nizes that some civic spaces are emotional environments and that by being in these
spaces, students are more likely to feel something or to be affected by what they wit-
ness. Sending students to observe court proceedings presents an opportunity to ask:
what happens when students bring their rich emotional lives into a high-stakes/high-
emotion environment like the local courtroom where lawyers, witnesses, families,
plaintiffs, defendants, juries, judges, and other courtroom actors (e.g. bailiffs, police
officers, stenographers, translators, etc.) contribute their own affective energies to
the space?
(Scarduzio & Tracy, 2015). These studies indicate that each actor in the courtroom
plays an affective role, such as lawyers trying to elicit empathy from jury members
or judges trying to steady a courtroom.
The circulatory nature of emotions within a courtroom can be explained through
affect theory. In The Cultural Politics of Emotion, Ahmed (2014) draws on Marxist
thought to articulate an affective economy where emotions, feelings, desires, and
energies have value that accrue and/or depreciate through a circulatory system
defined by socio-relationality and histories of power. One of Ahmed’s famous contri-
butions is the theory of stickiness. She writes that emotions stick (or get stuck on/
with/by) “as an effect of the histories of contact between bodies, objects, and signs
… stickiness depends on histories of contact that have already impressed upon the
surface of an object” (p. 90). Take, for instance, a courtroom scene that features a
Black male defendant and a white female claimant. This scene is imbued with racial,
colonial, and gendered histories that render Black masculinity always-already criminal-
ized and white womanhood always-already victimizable. Given histories of white
supremacist violence in the United States, emotions, feelings, desires, and energies
are already stuck to these figures making an objective proceeding (or student wit-
nessing) nearly impossible, according to Ahmed. Atmospheres house affect too.
Bo€hme (2014) writes that atmospheres are social “mood conveying spaces” (p. 93).
Atmospheres can be detected through ingression (i.e. standing at the threshold to
get a sense of the mood of a space) or discrepancy (i.e. recognizing that one’s
mood does not match the space once you are already within it) (Bo €hme, 2014). For
the most part, courtrooms are austere atmospheres. Affective economies and court-
room moods are present before students enter the space. As observers, students ori-
ent themselves to the affective energies of the courtroom while engaging with their
affective attachments to the people and objects they encounter there. They contrib-
ute to the affective ecosystem with their presence: they become part of the sticky
scene while at the same time, certain moments (i.e. a comment, body language,
interactions, etc.) will stick with them. This resonance is not possible without physical
proximity to the scene.
By observing courtrooms, students witness the emotions, behavior, and body
language of court actors while monitoring their own emotional states. Then, they
must make sense of what they are seeing. Courtrooms are no different from class-
rooms in that students use their rich emotional lives to inform their analyses
(Carson & Domangue, 2013; Larsen, 2017). How they interpret affect – what they
see and personally feel – is informed by their emotional archive. This can lead to
distancing from, projection onto, relating with, or humanizing of an Other.
Productive facilitation helps students to align their reactions with critical thinking.
This is a rich learning opportunity when it leads to what Deborah Dunn (Dunn,
2014) calls “seeing for the sake of others” which is an act of bearing witness that
can prompt “building community with others … [through] the recognition of the
embodied human before us.” This is where the transformative potential of court-
room observations in criminal justice lies: by bearing witness, students can move
beyond externalizing the proceedings (i.e. this is happening to someone else) to
8 E. NIR AND J. MUSIAL
personalizing the events, where “we bear some responsibility for what we have
seen” (Dunn, 2014).
Results
Courtroom observations trigger a wide range of emotional responses
in students
Virtually all of our students experienced emotional reactions in response to their court-
room observations. Reported emotions encompass both positive and negative reac-
tions and range in degree (e.g. moderate, extreme); types of emotions include “upset,”
“discouraged/disappointed,” “worried,” “pity,” “unnerved,” “disgusted,” “scared,”
“angry,” “heartbroken/sad,” “intrigued,” “shocked/surprised,” “happy,” “surreal,” “eye-
opening,” and “repulsed.”
Sad emotions
Almost half of the students reported feeling upset, disappointed, pity, heartbroken, or
sad during the course of their observations. For example, one student was upset by
the prevalence of African American defendants in the system: “I started feeling upset
by the second case I saw. Seeing too many young, African American males getting
arrested made me very emotional” (J18). Another student was disappointed that the
defense attorney agreed to defend a particular defendant: “I had been so disappointed
that she [the defense attorney] would even attempt to defend a man who had done
such disgusting things” (J4). Several students described feeling pity for defendants
and their families: “The prisoner nodded to someone in the public benches, possibly a
relative, who seemed extremely upset. I felt bad for her, and I imagined how hard it
must be to see someone who you are related to in a prisoner’s jumpsuit but not be
able to talk to them, or be near them” (J13). Finally, a handful of students described
extreme sad feelings, such as being heartbroken:
This moment was so impactful. To hear the pain of the victim as she described what she
endured, with the visual representation to support it was heartbreaking. She could not
even look at the pictures without wanting to cry. Her almost unruly tone in the
beginning was removed completely at this point. Words cannot begin to describe how
bad I felt. (J17)
Feelings of disgust
Slightly more than a third of the students expressed feeling “disgusted” or “repulsed”
at some point in their journals. Some students were repulsed by the behavior of wit-
nesses: “I was honestly repulsed that the witness claimed to love the defendant. The
defendant molested a child – yet she still supported him at the trial” (J17). A couple
of students experienced delayed feelings of disgust once the events that they
observed had a chance to penetrate:
As I was transcribing notes for this case, I slowly discovered what the accusation had
been. I genuinely felt my heart drop to my stomach. The woman had been the
defendant’s romantic partner and she was being questioned about his interaction with a
young girl that she babysat on the Fourth of July last year. I was deep into my notes
when I heard these words: “Did you see the defendant stick his hands up the victim’s
skirt?” At this moment, I found the defendant detestable. A moment later the witness was
asked: “Did you see the defendant lick his fingers?” I put down my pencil and took a
moment to collect myself. (J4)
10 E. NIR AND J. MUSIAL
Unsettled feelings
Approximately a quarter of our students reported feeling worried, scared, or unnerved
in response to their observations. A handful of students were scared by the courtroom
environment: “Around 10 people in handcuffs passed by right behind me. I made eye
contact with a few of them and they looked emotionless to me. It scared me a little”
(J15). A few students were worried about the safety of their communities: “It makes
me worried and fearful to think that my town is not as safe as I originally thought it
to be” (J12). Finally, two students were unnerved by the victim’s response to criminal
events: “It was very unnerving and disgusting and sad how the little girl who knew
something wrong had happened to her suddenly burst into tears once she began
speaking of her assault” (J2).
A major recurring theme among students relating to the body language of attor-
neys was disinterest:
The attorney’s tone was monotone, and she gave off the impression that she was not
content or excited about what she was doing. In my original notes I wrote “upset,” “sad,”
and “bothered.” Also, neither her movement nor body language displayed any type of
engagement in what she was doing.” (J5)
In this case, the student continued to think about the body language which he
observed even after the courtroom proceeding ended and made the effort to modify
his interpretation in his journal after giving the observation more thought.
In addition to body language, students sometimes analyzed the court actor’s
behavior or activities in interpreting his or her emotional state. Among all of the
behaviors recorded, the action that received the most attention among our students is
the use of cell phones by court actors and observers. One student interpreted the use
of cell phones by the defendant’s friends (who were sitting in the audience): “I feel
like they [defendants’ friends] do not really care about the outcome of the case
because throughout the whole time the prosecution was presenting they were on
their phones and talking to each other as if it were a regular day for them” (J6).
way. These connections influenced the manner in which students absorbed and proc-
essed the events observed.
In this situation, the student was cognizant of her potential bias against the defend-
ant, who she held to a higher standard because of their shared profession as educa-
tors. While this student had recently received an A on an essay exam in which she
defended the high burden of proof in a criminal case (i.e. proof beyond a reasonable
doubt), the emotion of seeing the case in person and associating with the defendant’s
profession led to a reaction that the student herself characterized as “biased.” Almost
14 E. NIR AND J. MUSIAL
A few students were focused on crimes that occurred in close proximity to their
homes: “The defendant in this case lived in my hometown, only 8 blocks from my
home! It felt almost personal to be observing a case on a crime that occurred in my
hometown” (J16). One student took particular offense to a defense attorney who
attempted to impeach the credibility of a testifying police officer during cross-
examination:
I didn’t appreciate that the defense attorney attacked the credibility of the police officer
when he was responding to a critical scene where a victim had faced gunshot wounds to
his abdomen. I have many professors who are former cops who I respect a lot. If one of
those officer’s credibility was questioned, I would be upset. So I felt like the defendant’s
argument was weak because he had no substantial proof to be able to undermine the
officer’s credibility. (J13)
victimhood, the treatment of incarcerated individuals, and the crucial role that attor-
neys play in ensuring a person has access to a fair trial.
Examples
Analyses on judging. Perhaps due to their prominent position in the courtroom, cri-
tiques of the judicial function and behaviors of individual judges was the most com-
mon area of student focus. About a quarter of the students analyzed differences they
observed between judges and the roles that these distinctions play in case outcomes.
For example, one student noted:
The judge was really unmoved and I really thought about what caused him to be this
way. Does he not believe in second chances? Or does he simply not believe in this
specific prisoner’s ability to reform? It is interesting to see how cases differ from judge to
judge. Some are heavily swayed by their emotions, such as Judge [X], and some are very
unbiased such as Judge [Y]. (J13)
For at least a third of our students, justice demands the analyses of unique case
and defendant characteristics and other holistic considerations; indeed, our students
discussed case intricacies and nuances in their journals.
Analyses of treatment of defendants. Slightly more than half of our students expressed
concern about the treatment of defendants. Several students focused on correctional
procedures: “Even though he was going to be released until his trial he still had to
remain shackled to the other detainees and go back to the jail to get his belongings. I
see the purpose in this, but it also feels like there could be a better system in place
for individuals who are going to be released” (J8). Over 70% of students took notice
of the races of the defendants appearing in the courthouse and were concerned about
the overwhelming number of minority defendants: “Most people being processed are
middle-aged black males. Most are being sent to state penitentiaries to serve more
than 100 day average sentences” (J2).
Analyses of attorney effectiveness. Over 90% of students critically evaluated the skill
level and effectiveness of attorneys at least once during the course of their observa-
tions. Analyses include evaluations of individual attorneys, comments on technique,
professionalism, preparedness, among a host of other critiques: “The defense attorney
seemed more prepared for the examinations compared to the prosecutors. The
defense attorney’s questions were well thought out and formulated to receive the
responses that he was looking for to defend his case. The prosecutors often took very
long pauses between the witness’s response and the following question which indi-
cated a lack of thought or preparation. The prosecutors often became caught up in
the questions asked and had many questions by the defense attorneys called upon
them sustained.” (J16)
Post-learning survey results show that courtroom observations deepened student
comprehension of the curriculum too. We used a likert scale to query whether: “The
community participation aspect of this course helped me to see how the subject mat-
ter (i.e. lectures, readings, in-class material) appears in everyday life.” The results were
overwhelming: 39% strongly agreed (n ¼ 16), 56.1% agreed (n ¼ 23), while 2.4% (n ¼ 1)
were netural or 2.4% (n ¼ 1) strongly disagreed. With 95% of the class responding
affirmatively, it is clear that observing courtrooms enhances classroom learning. These
analyses establish that students process their emotional reactions, respond to affective
dynamics in the courtroom, find ways to relate to courtroom actors, and emerge with
strong critical analyses about the criminal justice system.
demographics of the defendants in the courtroom with their own eyes, hear the
impact of criminal acts on victims, and witness how justice is meted out in ordinary
cases that are not featured on the news. They sit among families of victims and
defendants and take note of their body language, facial expressions, and overall affect.
They analyze why judges act the way they do, what juries are thinking, and the effect-
iveness of advocacy techniques, among a host of other issues. They are engaged in
their surroundings and document their experiences with detail. As described by our
students, participating in observations and journal writing in this pro-social environ-
ment is the type of active learning advocated by Dewey (1938/1997) that enhances
civic knowledge (e.g. governance in court), civic values (e.g. justice) and civic skills
(e.g. critical thinking) (Saltmarsh, 2005).
Our students are moved by their observations and experience a host of emotions
(e.g. happy, sad, heartbroken, surprised, pity, disgusted); they are also tuned into the
emotions experienced by others (i.e. court actors and participants) and actively inter-
pret what they see. In this emotional space, some students “feel” the pain of others;
many students describe feelings of empathy in their journals. Indeed, being able to
view issues from another’s perspective, and develop compassion and empathy for
others, are important objectives of community engaged learning classes that were
documented in our students’ journals (see Eyler & Giles, 1999; Naude, 2015). Our data
also demonstrates that the feelings triggered in our students, and the emotions they
perceived in others, acted as catalysts to analyses of judicial system processes; feeling
sympathy for a defendant standing in shackles despite being told that he would soon
be released was followed by analyses of correctional procedures. Feeling upset by the
number of Black defendants in court led to critical thinking about racial disparities.
Seeing the jury appear stoic during an emotional case led students to speculate about
the circumstances that might have led to this perceived reaction. As anticipated by
Dewey, our students’ emotional reactions to these courtroom spaces “serve[d] to cata-
lyze scientific thought” (Felten et al., 2006, p. 39).
Our data further demonstrates that students draw on their own personal experien-
ces to understand courtroom spaces. Many students described ways in which they
related to their observations and used – consciously or otherwise – their prior experi-
ences or connections to inform their analyses (e.g. comparing a students’ experience
with a judge when he was a criminal defendant to judicial behavior during the obser-
vations) (see Carson & Domangue, 2013; Larsen, 2017). Further, some students con-
nected to events or participants through a shared lens (e.g. shared profession,
common city of residence) that helped students move from externalizing the observa-
tion (e.g. it is happening to a court participant, not me) to personalizing it (e.g. this
happened in my town), where they “bear responsibility for what [they] have seen.”
(Dunn, 2014).
The level of engagement we observed in our students was especially encouraging
given the composition of the course. While a handful of our students are majoring in
criminal justice, students came from a variety of majors spanning the sciences, social
sciences, humanities, and business. As this course is a required honors course, students
were “forced” to enroll in order to meet core program demands. Some of our students
expressed their disinterest in this “legal” or “governance” focused class that (they
18 E. NIR AND J. MUSIAL
initially thought) did not apply to them. Others were irritated by being asked to travel
to the courthouse, arguing that they would prefer to learn the material solely in a
classroom. Despite this initial push and pull, students embraced the exercise quickly
and even initially resistant and disinterested students expressed high levels of engage-
ment, emotion, and understanding in their writings. Many came to understand the
relevance of these civic experiences to all of our lives. Student feedback in journals as
well as our survey results demonstrates that the vast majority embraced and grew
from this experience. Indeed, over 95% of our students admitted that “the community
participation aspect of this course helped me to see how the subject matter (i.e. lec-
tures, readings, in-class material) appears in everyday life” (post learning survey).
Recommendations
After reviewing our data, we recommend the following to instructors who would like
to incorporate courtroom observations into their criminal justice courses. First, our
study demonstrates the importance of allowing students to reflect on emotions. Often,
professors dismiss reflection as too “touchy feely” and lacking academic rigor. To coun-
ter this, we point to canonical works that argue reflection is central to community
engaged learning because it encourages students to interrogate their assumptions,
values, and past learning while evaluating and integrating new experiences into their
world-view, which is a higher-order thinking skill in Bloom’s taxonomy (Eyler, 2002;
Eyler & Giles, 1999). Like reflection, many professors avoid talking about affect in favor
of what is perceived to be “objective,” “rational,” and “value-neutral.” In line with civic
engagement scholarship, our study proves that inviting students to think with/through
their emotions intensifies their cognitive processing. Second, professors should use
structured reflection with specific prompts to increase their effectiveness. Eyler (2002)
contends that vague prompts undermine the reflective process. Moreover, some stu-
dents are not naturally introspective so clear instruction will help all students to suc-
ceed. Some prompts used in this class include “how did you feel about what you
observed?” “describe your surroundings,” “pay attention to audience members,” and
“did anything surprise you?,” among a host of other suggestions for points of focus.
Third, the opportunity to debrief is essential. Reflection can begin the debrief process,
but is even more valuable when professors create space to talk about observations,
emotions, and tentative analyses. Debriefing can happen one-on-one with the profes-
sor, peer groups, or the whole class. During the course of the semester, our students
routinely approached us to describe their experiences and receive feedback. In our
group presentations at the end of the course, students openly shared and compared
their experiences. Finally, professors should have resources on-hand for students who
need professional support to process what they see or feel. We cannot always know
which students are crime-survivors and/or have loved ones who have interacted with
the criminal justice system (i.e. police, judges, juries, courtrooms, etc.) It is good prac-
tice to assume that some students will be distressed or triggered by courtroom obser-
vations. Handing out local and campus resource lists to all students – and reinforcing/
normalizing through the semester that assistance is available – is crucial for those
who need an avenue to process their experience beyond classroom. In sum, while the
JOURNAL OF CRIMINAL JUSTICE EDUCATION 19
Disclosure statement
Notes on contributors
Esther Nir is an Associate Professor in the Department of Criminal Justice at New Jersey City
University. Dr. Nir received her Juris Doctor from Fordham Law School and her Ph.D. in Criminal
Justice from Rutgers University. Her research interests include sentencing disparities, policing,
criminal procedure, and community engaged learning initiatives. Dr. Nir specializes in qualitative
research methods and interviews judges, prosecutors and defense attorneys in connection to
her research efforts. Her research can be found in various criminal justice and research method-
ology journals including The British Journal of Criminology, The International Journal of Social
Research Methodology, International Journal of Police Science and Management, and Criminal
Justice Policy Review.
Jennifer Musial is an Assistant Professor in Women’s and Gender Studies at New Jersey City
University in Jersey City, NJ. She earned her PhD in Women’s Studies from York University in
Toronto, ON. She publishes in three fields; (1) reproductive justice, racialization, and gender-
based violence; (2) critical yoga studies; and (3) Women’s and Gender Studies field formation.
Her major project-in-progress, Pregnant Pause: Reproduction, Death, and Media Culture, looks at
racialized grievability in media cases of fatal violence against pregnant women. Previous work
has been published in Sexualities, Feminist Formations, Social Identities, Atlantis, and Feminist
Teacher. She has forthcoming chapters in the edited collections Rethinking Women’s and
Gender Studies Volume II and Carcerality Locally and Globally: Feminist Critiques of States of
Violence. She is the managing editor for Race and Yoga, a peer-reviewed journal that looks at
the intersections of yoga, racialization, colonialism, capitalism, gender, sexuality, and disabil-
ity studies.
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