The dock on trial: courtroom design and the presumption of innocence
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(Published version)
Date
2017
Authors
Rossner, M.
Tait, D.
McKimmie, B.
Sarre, R.
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Journal article
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Journal of law and society (Print), 2017; 44(3):317-344
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Abstract
This article examines the place of the criminal dock in courtroom design. Challenges to the use of the dock have been based upon the inability of the defendants to hear effectively, to communicate with counsel, to maintain their dignity, and to benefit from the presumption of innocence. Increasingly courts are incorporating secure docks, where defendants are partially or completely surrounded by glass (or in some countries, metal bars). To what extent do these changes and modifications undermine the right to the presumption of innocence? We present the results of an experimental mock jury study that was designed to test whether the placement of the accused influences jurors’ perceptions. We find that jurors are more likely to convict defendants when they are located in a traditional dock or a secure dock, compared to sitting next to their counsel at the bar table. We conclude by discussing the implications for trial procedures, counsel communications, and courtroom design.
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Copyright 2017 The Author and Cardiff University Law School
Access Condition Notes: Postprint available after 1 October 2018