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County Court Through Polish Eyes
by Piotr Miskiewicz
In an afternoon in the courthouse in Marshall, Piotr Miskiewicz saw a slice of American life that reminded him of what his home in rural Poland does and doesn't share with Madison County. Alongside his observations for Sociology Instructor Laurie Pedersen's research methods class, he described the experience for folks back home.
Dear Friends,
The Madison County Courthouse
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Today, I went to court in Marshall. I came to the court around two in the afternoon. The building looks relatively old from outside, but it looks good, like somebody is making sure that is in good shape. From outside it does not look like one of the very typical monumental courthouses in Washington or New York. It is small but at the same time I think that it is perfect for a small town like Marshall.
Steps and a little porch in front of the door are very important for an observer like me. There, people have discussions over coffee and cigarettes. On the porch, people who are participating in the court's work take time to prepare themselves and decide about how they are going to act in front of the Judge.
Marshall is small. The population of this town mainly includes farmers and good ordinary country people. Many are poor and hardworking. During my time on the porch I had a chance to listen to some of their conversations. Most of them are coming to the court because of traffic violations, domestic violence, or cases connected to use of drugs or alcohol. Their biggest worry is the fact that the Judge can order them to pay high financial penalties and fines. The population of Madison County is not rich, and often these people are not able to pay their fines.
The time on the porch gave me a first impression of people from Madison county and Marshall. My way into the courthouse went through an old, brown door. I thought, "How many people have entered these gates over the years?" Surprising to me was the fact that in the gates nobody was checking people's identification. It was also strange for me that there was no metal detector. I think that in front of every courthouse there should always be a metal detector and also a guard to make sure that everybody inside the court is safe.
The Foyer - Offices and stairs to the courtroom.
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I finally came into the courthouse. The first room is the main lobby. There is a café, soda machine and also a bathroom. The room on the left is the clerk's and secretary's office. On the left is the county manager's office and rooms like "Cashier-Civil-Child Support" and "Estate-Criminal." The library is also on this floor. There people can find dates, cases and much important information. The library has a computer system, so access to information and data is not difficult. On the other side of the lobby is an information desk and other offices.
The actual courtroom is upstairs, so I climbed the old, wooden steps. The courtroom was also not protected by any armed officer or guard. I thought that this is not good, because under these circumstances any person could come in there and bring everything to the court, which could be dangerous. The doors to the courtroom actually open on an empty space behind a long wall that blocks the view of the court itself. A visitor has to walk around either end of this wall to get to the space where trial takes place. People have brief discussions behind the wall before they come to participate in the court's work.
The courtroom - The defendant's dock (left)
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The courtroom is relatively big, with old, wooden chairs and tables, many pictures and paintings of old judges and clerks. On the left is a space where defendants and police officers sit. They also are separated from the rest of the people by a little wooden wall. On the right is a similar area where usually a police officer, who has a part in the case, is sitting. The audience has the biggest space in the room. Their chairs are on the left and right side of the room. The court can seat around 125 people. The judge has the main place in the courtroom. His table is under the main wall and a little higher. From this position he can see what is going on in every corner of the court. The stenographer's and lawyer's tables are in front of the judge's desk.
The Judge's Bench
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Since the first moment in the court I felt the very special atmosphere in the building. Marshall is also a very special place. All citizens know each other very well, and the workers of the court and police also know everybody, so this makes this place very unique.
The first case that I was lucky to observe was a violation of the probation. A young man, a student from Mars Hill College, was accused of using marijuana, following some female student, and attacking her verbally. The defendant was wearing regular clothes, which I found not very appropriate. The audience area was full of people. There, also, the defendant's mother was crying during his appearance.
The lawyers looked very professional and prepared for work. When the judge came into the room, everybody stood up to show respect for him. It surprised me that nobody in the audience was wearing formal clothes but rather regular street or work clothes. I do not think that that is helpful for them during a trial.
The jury box
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The young defendant did not show much respect for the representatives of the law. He was cocky, and he had a little smile on the face. The judge did not like this type of attitude, so he told him to stand up, stop smiling and look at his crying mother. That showed me for first time how powerful and full of authority are judges in Marshall. In the end the judge sentenced the defendant to professional counseling and community service.
I think a big factor was that the defendant was an only child, and the judge gave him another chance. I did not agree with this decision, but it is not my role to decide. The Marshall court often tries cases like traffic violations, domestic violence and possessions of illegal substances. The defendant of the second case was a man accused of abusing his wife after using alcohol. This was a very good example of how weak is women's position in Madison County. The wife accused the defendant of abusing her verbally and physically, but during the trial she tried to defend her husband and change everything into a misunderstanding. This showed me that women in Madison County are often very afraid of their husbands, and they are not powerful enough to defend themselves effectively in court.
I think there can be several reasons for this situation. First, in Madison County women play a secondary role, because not they but the men put food on the table. A second reason can be the fact that many men here use too much alcohol, and because of this they are aggressive. Another reason may be that many people are not educated and many woman are not working, and their role is mainly to take care of kids and house. Another aspect can be their tough financial situation.
Unfortunately I think that cases like this often do not have a successful ending. The wife drops charges or the judge knows the defendant and gives him a very limited penalty or a second chance. The fact that judges, police and ordinary people know each other so well is not always good. I think that because of these connections, the penalties are not always the best. Also, people do not feel enough respect for the representatives of the law. Judges are not always feared, because they have some kind of emotional connection with defendant.
I think that court in Marshall should make several changes to improve their work. The first is safety. I think that even if this court is small and there are not many dangerous defendants, there should be a metal detector at the door and even more guards during the trials. Another thing is that people should show a little more respect to the court and wear more proper clothes. In my opinion this would give a more serious character to the proceedings. It would make people feel that they are in the court and that it is very serious business.
The Courthouse - Olesnica, Poland
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There are differences between court in Marshall and in my country, Poland. I think of the one in a little city called Olesnica, a small city in southwest Poland. Olesnica is much bigger than Marshall, but there, also, everybody knows each other. The circle of citizens is close, and the atmosphere unique.
The first and biggest difference is security. The courthouse in Olesnica has metal detectors and guards at every door. The differences between these two cities are many, but there are also many similarities such as the size of the court and type of cases. Olesnica's courtroom is no bigger than the one in Marshall. I think that it, too, could seat around 150 people. People coming to court wear formal clothes. They also make sure that their behavior is appropriate. The good thing about small courts in Poland is the fact that the judges can not be originally from the place where they will work. In Marshall the fact that the judge knew everybody in person created problems. In Olesnica on the other hand, these types of problems are impossible.
Also, in the court I saw in Marshall, judges and lawyers were working on cases that dealt with issues like speeding, domestic violence, and possession of illegal substances. That is a little different from the court in Olesnica that deals mainly with problems like robbery, stealing and acts of violence. That may be one of the reasons why security is so important in Olesnica and why no one can come into the courthouse without being searched.
The other, and I think the biggest, difference between Polish and American courts is the process of making decisions. The Polish justice system is different than that in the United States. In Poland jury trial does not exist. All decisions are made by a judge or, if necessary, by a group of judges.
The structure of the actual courtroom in Olesnica is also very different from the one in Marshall. The walls are very high, and there are no pictures or paintings. The chairs are wooden and uncomfortable like those in Marshall. The tables for lawyers are in front of the judge but not that close like in Marshall. The Defendant sits on the left with his lawyer in a special cage, if he is very dangerous. Witnesses have their place close to the judge, also on his left.
The main difference between judges in Marshall and Olesnica are their connections with people who are living in the area. The very good thing is that in Olesnica judges do not know many people, and because of this their judgment and verdicts can be more fair and just. There is no emotional or personal connection with defendants as takes place in Marshall.
I can also comment on women's role in the work of courts in Marshall and Olesnica. In Marshall, the role of the women is subordinate. During my time in the court I saw women working as secretaries, assistants to the attorney and stenographers. All these positions are reserved mainly for females. I think that the biggest reason for this is tradition and habit.
Traditionally the main role in courts as well as police was reserved for men, and women held only minority positions and functions. The problem is that this situation did not change over the years, and in places like Marshall the men still dominate the "Justice System."
In Poland this situation is very similar. Judges, lawyers and other main functions are still in hands of men, and women have no major voice. The situation should change because society should be equal, and women should have the same opportunities and chances as men.
During my visit in the Marshall court I also observed relations between women and men in the court. I think that judges look at women with distance and some kind of authority; and this is not even because he has power but because of some kind of domination. I had this feeling several times when judges were talking to women who were witnesses or even workers of the court. This type of relationship is also common in Poland. Man play a dominating role in every aspect of life, including the justice system.
The justice system in Poland and the United States is very different. Until 1989 Poland was a Communist Block country. All parts of life were dominated and controlled by the government and the Communist Party. All judges were appointed and chosen by members of government. Many decisions were influenced by communist officials, and nobody could accept court judgments as fair. Since the 1990's Poland started changing and its justice system started developing from old structures. Most judges that were appointed by the communists were fired, and some of them were even accused of breaking the law by making unfair decisions. New judges and lawyers were appointed by the non-communist government, and since then people could count on fair decisions and a proper trial.
The United States has built its justice system over many years, and that's why I think this country's system is more complex and complete. The Polish system, like the country, is still evolving and needs more time, but I think that both Marshall and Olesnica need many changes.
Regards
Piotr Miskiewicz
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