How have the courts dealt with the use of chains and stun belts in court?

California, United States of America


The following excerpt is from People v. Bell, 246 Cal.Rptr.3d 527, 439 P.3d 1102, 7 Cal.5th 70 (Cal. 2019):

Defendant first argues his attorney was ineffective for failing to object to the use of restraints, or at least to the courts decision to restrain him with both chains and a stun belt. However, the violence of defendants courtroom outburst, and the extreme difficulty deputies had in subduing him, made the legitimacy of ordering these restraints manifest. A decision not to pursue futile or frivolous motions does not make an attorney ineffective. ( People v. Thompson (2010) 49 Cal.4th 79, 122, 109 Cal.Rptr.3d 549, 231 P.3d 289.) Counsel wisely conceded the need for increased security measures and focused his efforts on advocating for the least visible forms of restraint. Defendant now argues having an armed deputy stationed behind him would have been preferable to the stun belt. It is difficult to conclude that such an overt action would have been preferable to restraints that may not have actually been seen by jurors. Counsel could well have concluded this option would emphasize defendants perceived dangerousness. A deputy standing or sitting close to him at all times, in stark departure from earlier practice, would surely have been more conspicuous than a slight bulge in defendants clothing from the stun belt. As to the complaint that chains were used in addition to a belt, it is unclear how defendant could have been prejudiced by the lack of an objection because the record does not establish that the jury could see either type of restraint.

Other Questions


When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How have courts dealt with the situation where the verdict form signed by the jury is different in some respect from the verdict as declared and acknowledged in open court? (California, United States of America)
How has the case been dealt with in juvenile court and criminal court? (California, United States of America)
How has the Court of Appeal dealt with a motion to reverse a judgment in the Superior Court of Justice? (California, United States of America)
How have the courts dealt with an assault with a firearm in juvenile court? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How has the Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
How have courts dealt with the issue of good faith showing in a motion where a witness has absconded from court? (California, United States of America)
How have courts dealt with errors and misconduct committed by the trial court and the prosecutor? (California, United States of America)
How has the case been dealt with in juvenile court and criminal court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.