Shackling defendants in capital trials ruling [US SC] News
Shackling defendants in capital trials ruling [US SC]

Deck v. Missouri, Supreme Court of the United States, Justice Breyer, May 23, 2005 [ruling that it is unconstitutional to force capital murder defendants to appear before juries in shackles]. Excerpt:

Given the presence of similarly weighty considerations, we must conclude that courts cannot routinely place defendants in shackles or other physical restraints visible to the jury during the penalty phase of a capital proceeding. The constitutional requirement, however, is not absolute. It permits a judge, in the exercise of his or her discretion, to take account of special circumstances, including security concerns, that may call for shackling. In so doing, it accommodates the important need to protect the courtroom and its occupants. But any such determination must be case specific; that is to say, it should reflect particular concerns, say special security needs or escape risks, related to the defendant on trial.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.