Supreme Court to Decide Shackling Case
by TChris
The Supreme Court will decide whether a criminal defendant's right to a fair death penalty hearing is violated by forcing him to appear before a jury in shackles. Carmen Deck was convicted of two murders. During the six hour death penalty phase of his trial, Deck was handcuffed to a belly chain and he was kept in leg irons.
Deck's public defender, Rosemary Percival, has it right:
"Shackles and other restraints tacitly communicate to the jury that the court believes the defendant is still so dangerous that he must be restrained even in the confines of the courtroom," she said.
The shackling of a defendant during a trial has long been understood to be unfair. It is no less prejudicial to force a man to fight for his life while binding him in chains.
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