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

California, United States of America


The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):

[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. ( People v. Duran (1976) 16 Cal.3d 282, 290-291, 127 Cal.Rptr. 618, 545 P.2d 1322, fn. omitted.) But we will not overturn a trial court's decision to restrain a defendant absent a showing of a manifest abuse of discretion. ( Id. at p. 293, fn. 12, 127 Cal.Rptr. 618, 545 P.2d 1322.) We have said that a [m]anifest need arises only ' when the defendant has been unruly, has announced [an] intention to escape, or when the evidence shows the defendant would likely disrupt the judicial

[189 P.3d 927]

process' if left unrestrained. ( People v. Seaton (2001) 26 Cal.4th 598, 651, 110 Cal.Rptr.2d 441, 28 P.3d 175.) The imposition of physical restraints in the absence

[81 Cal.Rptr.3d 670]

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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)
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