Motion to Move Defendant to the Table Closer to the Jury

This draft motion argues that physically distancing defendants from juries threatens the right to a fair trial by prejudicing jurors. Social science research suggests that physical distance subconsciously signals danger and threat [p. 1-2], and creates emotional distance that impedes interpersonal connection and understanding [p. 2-4]. Because there is no essential state reason for locating the prosecution at the table closer to the jury and there is substantial danger that distancing the defendant from the jury could unfairly prejudice him, this motion argues that both the rules of evidence and the defendant’s right to a fair trial with an impartial jury argue in favor of permitting the defense to sit at the table closer to the jury.  In cases where proximity to the jury would better serve a client’s interests, defenders can use this template to make such an argument informally to the court personnel or formally through motion practice.