| 词汇 | Shackling A Defendant2 |
| 释义 | `1`Shackling A Defendant2 `2` "Legal Lexicon": The right to appear before a jury free of shackles, however, is not absolute. Wilson v. McCarthy, 770 F.2d 1482, 1484-85 (9th Cir. 1985). Shackling is inherently prejudicial, but it is not per se unconstitutional. See Spain v. Rushen, 883 F.2d at 716. Under certain circumstances, "shackling . . . may be appropriate because of the public's competing interest in courtroom security and the just administration of law." Id. at 722 (citing Allen v. Illinois, 397 U.S. at 344). Because of the potential for prejudice, however, due process requires that shackles be used only as a "last resort." Illinois v. Allen, 397 U.S. at 344. It is a denial of due process if a trial court orders a defendant shackled without first engaging in a two-step process. Castillo v. Stainer, 983 F.2d 145, 147-48 (9th Cir. 1992), as amended by, 997 F.2d 669 (9th Cir. 1993). "First, the court must be persuaded by compelling circumstances 'that some measure [is] needed to maintain security of the courtroom.' " Jones v. Meyer, 899 F.2d 883, 885 (9th Cir.) (quoting Spain v. Rushen, 883 F.2d at 720), cert. denied, 498 U.S. 832 (1990). "Second, the court must 'pursue less restrictive alternatives before imposing physical restraints.' " Id. (quoting Spain, 883 F.2d at 721). See also United States v. Baker, 10 F.3d 1374, 1401 (9th Cir. 1993). A defendant's status as a convicted felon may justify a trial judge's concern for security. Wilson v. McCarthy, 770 F.2d at 1482. Standing alone, however, this is not sufficient reason to impose physical restraints. Rhoden v. Rowland, 10 F.3d 1457, 1458 (9th Cir 1993). See also State v. Young, 853 P.2d 327, 350-51, 351 n.97 (Utah 1993) (holding that a murder conviction alone is not a sufficient basis for shackling a defendant at sentencing). In all the cases in which shackling has been approved, there has also been evidence of disruptive courtroom behavior, attempts to escape from custody, assaults or attempted assaults while in custody, or a pattern of defiant behavior toward corrections officials and judicial authorities. See, e.g., Morgan v. Bunnel, 24 F.3d 49, 51 (9th Cir. 1994); Hamilton v. Vasquez, 17 F.3d 1149, 1154-55 (9th Cir. 1994); United States v. Baker, 10 F.3d at 1401; King v. Rowland, 977 F.2d 1354, 1358 (9th Cir. 1992); Jones v. Meyer, 899 F.2d at 885; Stewart v. Corbin, 850 F.2d 492, 498 (9th Cir. 1988), cert. denied, 490 U.S. 1016 (1989); Wilson v. McCarthy, 770 F.2d at 1485. |
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