Dramaturgy in the Courthouse and Lying Lawyers

Courtroom architecture is seldom controversial. A well-designed courtroom is a theater space in the round with the jury having the best seats in terms of lighting and acoustics. It is interesting to watch skilled trial lawyers use the space right in front of the jury rail.

A man my size dares not touch the rail; he would be towering over the jurors. I have seen diminutive, soft-spoken women lawyers actually lean forward over the rail — practically crawling in the box with them — successfully.

The witness stand is typically located on the side of the judge’s bench closer to the jury. Counsel tables are labeled in some courtrooms but not in most. When I was a criminal defense lawyer, I wanted the table closer to the jury box if my client did not look scary.

Once, in a rural county, I showed up early and ensconced myself at the table closer to the jury, only to be informed by the prosecutor that my stuff was parked on “his” table. I told him I wanted to hear it from the judge and, luckily, he was bluffing — but he understood the value to the defense of continuous physical proximity to the jury, at least when the defendant does not appear to be the offspring of Jack the Ripper and Lizzie Borden.

It would seem to be a rank demonstration of privilege that officers of the court are allowed to move about the stage while the defendant must stay put. Perhaps so, but in all of the state and federal courtrooms I have seen nobody moves while the court is in session…