12.5 - B. The Shackled Defendant And A Jury

• Jurisdiction: New York

B. The Shackled Defendant and a Jury

Physical restraints visible to the jury during a criminal trial violate federal and state constitution due process of law, unless the shackles are justified by an essential interest which may include physical security, escape prevention or courtroom decorum. Yes, there are such things as defendants who are violent, dangerous or obstreperously disruptive.¹⁸⁹¹ Except when representing themselves pro se,¹⁸⁹² testifying or participating as of right in trial proceedings factual¹⁸⁹³ defendants, except for communicating with their attorneys at counsel table, are silent non-actors.¹⁸⁹⁴ The presumption of innocence, the right to meaningfully defend one’s self and the public’s interest in dignified proceedings—fundamental...