Does the use of physical restraints apply to defense witnesses?

California, United States of America


The following excerpt is from People v. Cramer, H034348 (Cal. App. 2016):

Restrictions on the use of physical restraints apply to defense witnesses as well. (People v. Ceniceros (1994) 26 Cal.App.4th 266 (Ceniceros); Duran, supra, 16 Cal.3d at p. 288, fn. 4.) However, the court in Ceniceros held that the erroneous shackling of a defense witness only violates state law, triggering harmless error review under the less stringent standard of People v. Watson (1956) 46 Cal.2d 818 [requiring reversal only if it is reasonably probable a result more favorable to the defendant would have been reached in the absence of the error].) The court distinguished the effect of shackling a defendant, which impinges on the presumption of innocence, from the shackling of a defense witnessa condition that merely affects the witness's credibility, and does not directly affect the presumption of innocence. (Ceniceros, supra, 26 Cal.App.4th at p. 280.)

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