Can a defendant be physically restrained in the courtroom while in the jury's presence?

California, United States of America


The following excerpt is from People v. Allen, 232 Cal.Rptr. 849, 42 Cal.3d 1222, 729 P.2d 115 (Cal. 1986):

"[A] defendant cannot be subjected to physical restraints of any kind in the courtroom while in the jury's presence, unless there is a showing of manifest need for such restraints." (People v. Duran (1976) 16 Cal.3d 282, 290-291, 127 Cal.Rptr. 618, 545 P.2d 1322, fn. and citations omitted.) When this "manifest need" appears on the record, the court is vested with discretion to order the physical restraint most suitable for a particular defendant under the circumstances. (Id., at p. 291, 127 Cal.Rptr.

Page 872

Other Questions


Can a defendant be physically restrained in the courtroom while in the presence of the jury? (California, United States of America)
Can a defendant be physically restrained in the courtroom while in the jury's presence? (California, United States of America)
Can a defendant be physically restrained in the courtroom while in the jury's presence? (California, United States of America)
Can a defendant be physically restrained in the courtroom while in the presence of the jury? (California, United States of America)
Can a jury restrain a defendant in the presence of the jury? (California, United States of America)
Can a criminal defendant be physically restrained in the presence of the jury? (California, United States of America)
Can a jury restrain a defendant in the presence of the jury? (California, United States of America)
Can a defendant be restrained in the courtroom while in the jury's presence? (California, United States of America)
Can a defendant be restrained in the courtroom while in the presence of the jury? (California, United States of America)
Can a defendant be restrained in the courtroom while in the jury's presence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.