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Chicago-Kent Law Review

2011

Europe

Articles 1 - 2 of 2

Full-Text Articles in Law

Glass Cages In The Dock?: Presenting The Defendant To The Jury, David Tait Apr 2011

Glass Cages In The Dock?: Presenting The Defendant To The Jury, David Tait

Chicago-Kent Law Review

The architecture of the courtroom provides insights into the philosophy of justice espoused by the community—it embodies particular perspectives about the presumption of innocence, the dignity of the person, the right to effective representation, and more generally, the right to a fair trial. The physical position of the accused in a criminal trial, the subject of this Article, varies considerably between jurisdictions, from a privileged place at the defense table to a dock isolated from other courtroom participants. The legal issues associated with the place of the accused are particularly evident when the dock is enclosed in glass. This Article …


Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman Apr 2011

Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman

Chicago-Kent Law Review

This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …