A status passage analysis of the defendant's progress through the Magistrates' Court

Abstract

One possible solution to the problem of subjectivity in the interpretation of social phenomena is the application of models derived from formal grounded theory, since such models make explicit the writer's perspective and the assumptions he or she brings to the social situation. This article uses the Status Passage Theory of Glaser and Strauss (1971) to analyze systematically the way in which English Magistrates' Courts deal with defendants. It identifies various features in the courtroom and precourtroom processes and in the attitudes of the courtroom “professionals” that appear consistent with the view that the social degradation of offenders is an implicit, yet important, objective of these courts. Finally, comparisons are made between the lower criminal courts in England and the United States and tentative explanations offered as to why differences exist between social degradation aspects of the two systems.