Shackling Defendants in court is a due process violation

Posted about 3 years ago. 1 helpful vote

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The problems with shackling a defendant in court.

As set forth in Kennedy v. Cardwell, the problems in shackling a defendant include: 1) Shackles may impair the defendant's mental faculties; 2) physical restraints may impede communication between the defendant and his lawyer; 3) shackles may detract from the dignity and decorum of the judicial proceedings; 4) physical restraints may be painful to the defendant. The danger inherent in imposing physical restraints is the possibility that the defendant may feel confused, frustrated, or embarrassed, thus impairing his mental faculties. Zygaldo v. Wainright.

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Conclusion

The U.S. Supreme Court in Illinois v. Allen stated that binding a defendant should be considered a last resort.

Additional Resources

www.washingtoncriminallawreview.com

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Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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