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.
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