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. Rymer, C059013 (Cal. App. 3/27/2009), C059013. (Cal. App. 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 (Duran).) Defendant contends the People did not show a "manifest need" for restraints.
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