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

California, United States of America


The following excerpt is from People v. Montes, S059912 (Cal. 2014):

"Under California law, '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.] Similarly, the federal 'Constitution forbids the use of visible shackles . . . unless that use is "justified by an essential state interest" such as the interest in courtroom security specific to the defendant on trial.' [Citation.] We have held that these principles also apply to the use of an electronic 'stun belt,' even if this device is not visible to the jury. [Citation.]" (People v. Lomax, supra, 49 Cal.4th at p. 559.)

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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 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 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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