Does the placement of the accused at court undermine the presumption of innocence?

Expert guest for PRIMeredith Rossner, London School of Economics15th December 2016

Comments

Lucy Cooke, 05th Jan 2017 at 17:02

What do you estimate would be the effect on the accused of a pre-recorded interview by an alleged victim in court where it appears the alleged victim needs to be to be isolated from the accused (wherever the accused is sitting)?

Meredith Rossner, 11th Jan 2017 at 00:20

To my knowledge there is no empirical research on this specific issue, though video recordings (or remote interviews) of vulnerable alleged victims/witnesses have long been a part of the criminal process. I don’t know if it harms the defendant, but there is research out there suggesting that it makes victims feel more comfortable/less threatened. Whether it is prejudicial is an empirical question.

Olivia Rope, 01st Feb 2017 at 10:33

Today, the European Court of Human Rights ruled that holding defendants in metal cages during the criminal proceeding constituted degrading treatment, in violation of Article 3 of the European Convention on Human Rights http://www.humanrightseurope.org/2017/02/russia-court-rules-against-use-of-metal-cages-in-court-proceedings/

Leave a comment

Your email address will 
not be published