1 Mourners in the Court: Victims in Death 2 Penalty Trials, through the Lens of 3 Performance 4 Sarah Beth Kaufman AQ10 5 6 This article presents findings from ethnographic research in death penalty trials around 7 the United States, focusing on the role of victims and their supporters. Victim impact 8 testimony (VIT) in death penalty sentencing has been the focus of intense legal scrutiny 9 during the past thirty years, generally framed as a conflict between victim and offender 10 rights. Drawing on observations and interviews with participants in fifteen death penalty 11 trials, I argue that framing the conflict as one between testifying victims and offenders 12 misses the more important role of victims and their supporters in the courtroom. I show that 13 victims perform the role of public mourners, potentially compelling jurors, spectators, 14 lawyers, and others to empathize with them. I argue that it is only through this lens that the 15 consequences of the institutionalization of VIT can be understood: when victims achieve the 16 sacred status of mourners, they are elevated to a privileged position in the courtroom. 17 18 19 “One weeps not only because he is sad, but because he is forced to weep.” 20 –  Emile Durkheim ([1915] 1965) 21 22 Prosecuting attorney to heavy, middle-aged man on the witness stand: I’m 23 going to ask you a few questions now, okay? 24 Witness: Mm hmm. 25 Prosecutor: Did you write a poem to read at your daughter’s funeral? 26 Witness: Mm hmm. 27 Prosecutor: Were you too upset to read that poem at the funeral? 28 Witness: Mm hmm. 29 Prosecutor: Do you think you can read that poem for us today? 30 Witness: Mm hmm. 31 Prosecutor: Go ahead. 32 Witness: My darling daughter (witness stifles a sob and stops to compose 33 himself)... 34 – Death penalty trial, Fall 2007 35 36 The man mentioned above looks unaccustomed to showing emotion under the 37 best of circumstances. He clutches the paper that he is trying to read from, looks 38 down at his hands, and smoothes the tie that does not quite cover his belly Sarah Beth Kaufman is an Assistant Professor in the Department of Sociology and Anthropology, Trinity University, San Antonio, TX. She may be contacted at skaufman@trinity.edu. V C 2016 American Bar Foundation. 1 Law & Social Inquiry Volume ••, Issue ••, ••–••, Summer 2016 J_ID: LSI Customer A_ID: LSI12246 Cadmus Art: LSI12246 Ed. Ref. No.: 12246 Date: 20-September-16 Stage: Page: 1 ID: vairaprakash.p Time: 14:42 I Path: //chenas03/Cenpro/ApplicationFiles/Journals/Wiley/LSI#/Vol00000/160057/Comp/APPFile/JW-LSI#160057