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. Slaughter, 120 Cal.Rptr.2d 477, 27 Cal.4th 1187, 47 P.3d 262 (Cal. 2002):

"[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. Duron (1976) 16 Cal.3d 282, 290-291, 127 Cal.Rptr. 618, 545 P.2d 1322, fn. omitted.) In the present case, the Attorney General concedes that the trial court abused its discretion in ordering defendant restrained, because no such showing of a manifest need for the leg brace was made, but argues that the error was harmless. We agree.

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