The dock on trial : courtroom design and the presumption of innocence

This paper 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 defendant to hear effectively, to communicate with counsel, to maintain his or her 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? In this paper 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 having them sit next to their counsel at the bar table. We conclude by discussing the implications of these findings for trial procedures, counsel communications and courtroom design.