STAGING OF MAGISTRATES' JUSTICE (FROM CRIMINAL JUSTICE SELECTED READINGS, 1978, BY JOHN BALDWIN AND A KEITH BOTTOMLEY - SEE NCJ-55224)

• NCJ Number: 55228
• Author(s): P CARLEN
• Date Published: 1978
• Length: 9 pages
• Corporate Author: Biblio Distribution Ctr
• Publication Format: Document
• Language: English
• Country: United Kingdom
• Note: REPRINTED IN ABRIDGED FORM FROM MAGISTRATES' JUSTICE, 1976, P 21-31

Annotation

THE SYMBOLISM OF CEREMONIES, PROCEDURES, AND THE PLACING AND SPACING OF PARTICIPANTS IN ENGLISH MAGISTRATES' COURTS IS DISCUSSED.

Abstract

THE DISCUSSION DRAWS ON INTERVIEWS WITH MAGISTRATES, CLERKS, POLICE, AND PROBATION OFFICERS, AND FOCUSES ON THE IMPACT OF COURTROOM SYMBOLISM ON THE DEFENDANT. THE MAGISTRATE'S COURT IS A VERY FORMAL, RITUALISTIC SOCIAL SETTING IN WHICH NOTHING IS LEFT TO CHANCE INTERPRETATION. COURT PROCEDURES AND THE COURTROOM ITSELF CONSTITUTE A STRUCTURE OF TACIT COERCION. FOR INSTANCE, SPATIAL DOMINANCE IN THE COURTROOM IS ACHIEVED BY STRUCTURAL ELEVATION. THE MAGISTRATE IS RAISED ABOVE THE REST OF THE COURT. THE DEFENDANT IS ALSO RAISED UP TO PUBLIC VIEW, BUT NOT AS HIGH AS THE MAGISTRATE. THE RAILS SURROUNDING THE DOCK ARE SYMBOLIC OF THE DEFENDANT'S CAPTIVE STATE. BETWEEN THE MAGISTRATE AND THE DEFENDANT ARE ALL THOSE DEEMED TO BE ASSISTING THE COURT. BAD ACOUSTICS AND THE VAST DISTANCE SEPARATING THE DEFENDANT FROM THE MAGISTRATE OFTEN MAKE IT DIFFICULT FOR THE DEFENDANT TO HEAR THE MAGISTRATE AND MAY ALSO MEAN THAT THE DEFENDANT IS REQUIRED TO SHOUT THE MOST INTIMATE DETAILS OF HIS OR HER LIFE ACROSS THE ROOM. ACCEPTED MODES OF CONVERSATIONAL PRACTICE ARE IGNORED. THE DEFENDANT RESPONDS TO THE QUESTIONS OF INTERROGATORS, BUT IS FREQUENTLY GIVEN INSTRUCTIONS OR OTHERWISE INTERRUPTED BY THE MAGISTRATE. THE ENTIRE EXPERIENCE OFTEN HAS A PARALYZING EFFECT ON DEFENDANTS. THERE IS ALSO SYMBOLISM IN THE POLICE PRACTICE OF SCHEDULING UNCONTESTED CASES EARLY IN THE DAY AND LEAVING THOSE WHO PLEAD NOT GUILTY TO WAIT, OFTEN WITHOUT EXPLANATION, FOR HOURS OUTSIDE THE COURTROOM. THIS PRACTICE CARRIES WITH IT THE IMPLICATION THAT TO PLEAD GUILTY IS TO DEVIATE FROM THE NORM AND TO PRESENT THE COURT WITH PROBLEMS. OTHER FEATURES OF THE MAGISTRATE'S COURT THAT SERVE TO REMIND DEFENDANTS OF THEIR STATUS AND TO REINFORCE THE COURT'S IMAGE OF AUTHORITY AND WISDOM INCLUDE THE PRESENCE OF THE ESCOURTING OFFICER WHO STANDS AT THE DEFENDANT'S SIDE AND ACTS AS A KIND OF PERSONAL CHOREOGRAPHER, THE MAGISTRATE'S SOLEMN ENTRANCES AND EXITS, AND THE FORMALITY WITH WHICH OFFICERS OF THE COURT ADDRESS EACH OTHER (BUT NOT THE DEFENDANT). A LIST OF REFERENCES IS PROVIDED. (LKM)