- Archives

Is being Shacked & Handcuffed During a Jury Trial Prejudicial to a Criminal Defendant?

The U.S. Supreme Court said on Monday that it would decide whether a death row inmate's constitutional rights had been violated by forcing him to appear at his sentencing while shackled in leg irons and handcuffed to a belly chain in front of the jury. The justices agreed to hear an appeal by Carman Deck, a convicted double murderer who argued that shackling and handcuffing at the penalty hearing in a capital case may be used only as a last resort and to further an essential state interest. Deck's attorney said the high court has set those two standards for use of restraints during the part of the trial to determine guilt or innocence, but has yet to address whether they also applied to the penalty phase in a capital case. Deck confessed to robbing and killing an elderly couple, James and Zelma Long, in 1996 at their home. He was convicted of the two murders and sentenced to death. In 2002, the Missouri Supreme Court overturned his death sentence. Before his resentencing, defense attorneys said forcing him to appear throughout the hearing in leg irons and hand chains would violate his constitutional rights, would prejudice the jury against him and would make him look dangerous. [more

]