California, United States of America
The following excerpt is from People v. Garcia, B237195 (Cal. App. 2013):
"'[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 a manifest need for such restraints.' [Citation.]" (People v. Mar (2002) 28 Cal.4th 1201, 1216; see People v. Virgil (2011) 51 Cal.4th 1210, 1270.) "Similarly, the federal 'Constitution forbids the use of visible shackles . . . unless that use is "justified by an essential state interest"
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such as the interest in courtroom securityspecific to the defendant on trial.' [Citation.] . . . [] 'In deciding whether restraints are justified, the trial court may "take into account the factors that courts have traditionally relied on in gauging potential security problems and the risk of escape at trial." [Citation.] These factors include evidence establishing that a defendant poses a safety risk, a flight risk, or is likely to disrupt the proceedings or otherwise engage in nonconforming behavior.' [Citation.] Although the court need not hold a formal hearing before imposing restraints, 'the record must show the court based its determination on facts, not rumor and innuendo.' [Citation.]" (People v. Lomax (2010) 49 Cal.4th 530, 559.)
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