California, United States of America
The following excerpt is from People v. R.W., B257582 (Cal. App. 2015):
A juvenile court "'may not delegate to law enforcement personnel the decision whether to shackle a defendant.' (People v. Seaton (2001) 26 Cal.4th 598, 651.)"
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(People v. Ervine (2009) 47 Cal.4th 745, 773.) "This emphasis that a showing exist on the record of 'manifest need' for shackles presupposes that it is the trial court, not law enforcement personnel, that must make the decision an accused be physically restrained in the courtroom" (People v. Hill (1998) 17 Cal.4th 800, 841.) Accordingly, whether there exists a pre-existing "policy" in a courtroom cannot be determinative.
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