Stefan Machura
Observations in Magistrates’ Courts: Space and Interaction
I am reporting experiences from observations in Magistrates’ Courts, adult and juvenile section. Some of the observations were conducted with students as part of an MA research module. A key insight is that Magistrates’ Courts and the behaviour observed vary considerably. Some if it relates to the layout of the courtroom. Where defendants and professionals sit enables or disables their participation. This not only applies to the well-known issues around the us of “secure docks” for defendants.
In addition, youth courts were found to facilitate procedurally just treatment of defendants much more than courts for adults. One could say they are less of a pure “object” of the procedure. Though, most of them are not mature enough to use this to their advantage. The more paternalistic action of the youth magistrates, the contributions of the YOT representatives and defence lawyers, just occasionally interventions of parents and of key workers of institutionalised defendants, fill in the gap left by the defendants’ weakness.
In terms of sociological and social psychological theory, the observations resonate with procedural justice theory as put forward by Gerald Leventhal and Tom R. Tyler, but also with aspects of Niklas Luhmann’s theory of the court procedure.