12.16 - VIII. The Defendant At Counsel Table—Shackled Or Not

• Jurisdiction: New York

VIII. THE DEFENDANT AT COUNSEL TABLE—SHACKLED OR NOT

A trial court that restrains a defendant during criminal proceedings must state a particularized reason for doing so on the record. Both federal and state constitutions forbid the routine use of visible shackles during the guilt phase of a trial. There must be a special need, justified by an essential state interest specific to the defendant at trial. Where the trial judge fails to provide factual justification on the record the defendant need not...