Miller JJ.
A Rights-Based Argument Against the Dock. Criminal Law Review. 2011;(3) :216-226.
AbstractI argue that the defendant's dock in criminal trials in England and Wales is a rights issue. It poses a risk to the presumption of innocence, right to legal assistance, and right to participate effectively in the criminal trial. I argue that dock confinement may (1) disparage the defendant in the eyes of the jury and thus introduce impermissible factors into the jury's weighing of evidence and determination of the defendant's guilt, (2) interfere with the communicative aspect of legal assistance, and (3) compromise the defendant's ability to understand and follow the proceedings. I suggest that dock confinement should become the exception rather than the norm and that guidelines be adopted for authorizing dock use.