Monetary Sanctions as Status Degradation Ceremonies

• In Event: Monetary Sanctions, Child Support, Restitution, and Beyond

Abstract

Prior research highlights the punitive nature of court processes and proceedings (Feeley, 1979). Scholars note even “minor” contacts with courts, such as misdemeanors, have vast consequences. Social control is reaffirmed when individuals are marked by the system, subject to procedural hassles, and evaluated on their performance of court rules and participation in programming (Kohler-Hausmann 2018). Limited in these narratives are discussions about how court proceedings may impact individuals’ identity and sense of self and the extent to which contemporary courts are characterized by status degradation (Garfinkel 1956). To address this question, we undertook 429 hours of ethnographic field observations in 30 courtrooms in Minnesota and Missouri, focusing on court processes related to legal debt. Specifically, we ask, “How do court actors in proceedings for legal debt publicly denounce (or affirm) defendants and undermine (or bolster) identity?” We find legal debt proceedings are structured around time and the convenience of the court and that court actors often adopt paternalistic or infantilizing modes of communication. Simultaneously, we observe individuals who deviate from the assumed court process experience “othering.” For example, individuals with paid attorneys are given priority, and people with children or a style of dress that does not conform to court rules are made to leave the court. Our findings suggest it may be important to raise awareness of these degradation ceremonies among court actors to prevent potential damage to self-esteem as well as self-efficacy, and perhaps capacity to comply with the court.

Authors

• Andrea Giuffre, California State University, San Bernardino

• Robert Stewart, University of Maryland

• Christopher Uggen, University of Minnesota

• Beth M. Huebner, Arizona State University