The Right Body Language For A Court Appearance

On Wednesday morning, I reported to the New York City Criminal Court to be arraigned on charges of disorderly conduct stemming from my arrest during a civil disobedience protest staged outside the office of the governor of New York State, Andrew Cuomo, on March 24th. The day proceeded along lines similar to those I had reported in my previous day in court (back in 2014, after protests outside the Israeli mission during the Gaza crisis): meet my fellow defendants; meet our union’s lawyers; wait to be called into courtroom; wait to be called up before judge. We would, in all probability, be granted an ‘adjournment contemplating dismissal’ (ACD)–a deferment for six months, during which time the charge would remain open and after which could be dropped. Unlike my last appearance in court, this time my name was called out in the first group itself.

I walked up to the front of the courtroom and stood in front of the judge. My fellow defendants–three of them–stood next to me. As I stood and waited, I crossed my arms in front of my chest. Seeing this, a court guard–who was handing papers to the judge–walked up to me and told me to put my arms down. He didn’t specify an alternate location; just that the current one wouldn’t do. I complied; I had no intention of arguing with a police officer in a courtroom, thus risking another arrest for ‘disorderly conduct’ even as I was appearing in court for another such charge.

But the business of being told to adopt the ‘correct’ or ‘appropriate’ body language was intriguing and revelatory. So much of what happens in the courtroom is pure performance, a legal theater: the judge’s seat placed on high, the imposing architecture, the formal, stately, convoluted language, the solemnity, the tightly circumscribed procedure, all the better to impress upon legal subjects–sinners, penitents, and legal officers alike–the awe-inspiring power and majesty of the law. Respect; deference to authority; unblinking conformity–these are the values to be reinforced in this space.

My act of crossing my arms was, I suppose, in this context, an insolent gesture: I did not convey the appropriate respect. I was certainly not causing any disruption; I did not talk; I had not raised my voice.  I was not a threat of any sort–in case, you think that crossing arms allows for the concealment of weapons–because I had already been searched upon entrance to the court. No, quite simply, I had to be bent into that shape which would convey the appropriate respect for the court. And also the particular and peculiar blend of humility and servility that the law is looking for in those who ‘commit crimes.’ The guard’s admonishment was a reminder I was not following the director’s stage instructions.

A minute or so later, it was all done, and I headed to campus with a warning from the judge to ‘stay out of trouble.’ That will not be easy if the Governor of New York State does not restore funding to the City University of New York, if the CUNY administration does not sign a new contract with its faculty and staff.

One comment on “The Right Body Language For A Court Appearance

  1. Sharon Persinger says:

    Arms crossed over the chest is a defensive posture, protecting the vulnerable belly and internal organs from assault. With the right attitude, the posture can indicate hostility, but still a defensive hostility. I’d say the court officer was depriving you symbolically of your ability to ward off whatever judgment was to be imposed. You were required to bear the punishment.

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