Of docks and shackles: A comparative examination of courtroom control and the rights of the accused
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Authors
Mack, Raneta Lawson
Issue Date
2019
Volume
9
Issue
3
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
This Article will focus on two approaches to restraining
unruly defendants in criminal courtrooms: shackles, which are used primarily in the United States; and the dock, which is used in many European countries, including the U.K. In Part I, this Article will discuss the historical and legal significance of a defendant's right to be present during criminal proceedings, as well as the
rationales for different restraint methods used to effectuate those rights for unruly defendants. The U.K and the United States are apt comparative counterparts due to the interconnected history of their respective criminal justice systems. Next, in Part II, this Article will examine various legal challenges to the restraint
methods in each country. Although the legal challenges have a common core, different historical underpinnings and distinct legal foundations have resulted in varied outcomes. Finally, in Part III, this article will describe and use the current status of each restraint method as a backdrop to offer recommendations for alternative processes that presume a right to appear unfettered
and, barring that, mandate the use of restraint methods that pose the least threat to undermining the presumption of innocence and the right to a fair trial.
Description
Citation
Raneta Lawson Mack, Of Docks and Shackles: A Comparative Examination of Courtroom Control and the Rights of the Accused, 9 Wake Forest J. L. & Pol'y 311 (2019).