Federal Judicial Center -- 2004
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        B  Security Concerns

In a capital case, security concerns may be heightened for at least two reasons. First, the nature of the crimes alleged to have been committed—and thus the potential dangerousness of the defendants—is, by definition, more serious in capital cases than in other criminal cases. Second, because a defendant’s life is at stake, he or she may be willing to risk more (e.g., by attempting to escape or take a hostage) than in a more typical criminal action. As one judge said, "These people had nothing to lose, and the trial would be one of the few times they might try to escape."

Because of these increased security concerns, the court’s coordination with the U.S. Marshals Service, which must transport the defendants to and from the courthouse and provide security in the courtroom, is extremely important. One judge described working with the marshals to determine where various courtroom participants should be seated during the trial; for example, a deputy marshal was present at all times between the defendants and the witnesses, courtroom deputy, or any other courtroom employees. Another judge, whose trial involved four defendants who were allegedly involved in a drug ring and responsible for eleven murders, was protected by the Marshals Service during the course of the trial.

In United States v. Battle, 173 F.3d 1343 (11th Cir. 1999), the court found that requiring the defendant to wear leg shackles and arm restraints during trial for the murder of a correctional officer was warranted, given that the defendant had committed additional murders and attacks on other officers since the original murder. Such restraints did not deprive the defendant of a fair trial, because—after a hearing in which other alternatives were considered—reasonable steps were taken to hide the restraints, including draping a cloth over the defense table to hide the leg shackles and giving the defendant a black sweater to disguise the black arm restraints. Id. at 1346–47.

Although the anxiety level of the judge, marshals, and courtroom staff is heightened by the potential dangerousness of the defendants, it is important to convey as little of that anxiety as possible to the jurors. As described by one judge, who had a number of marshals present in the courtroom during the trial, "we wanted it to look like an everyday affair, and not let the jurors on to [the increased tension in the courtroom]." Another judge mentioned that she requested that marshals who would be present in the courtroom wear street clothes rather than uniforms.