Is a jury's instruction that a defendant must keep his hands in his pockets prejudicial?

California, United States of America


The following excerpt is from People v. Sanders, G043339, G044319, Super. Ct. No. 09NF0372 (Cal. App. 2011):

The situation is not the same in the instant case. Defendant was not shackled and as stated above, the requirement he keep his hands in his pockets was not inherently prejudicial. Further, the court had instructed the jury as to why defendant's hands were in his pockets with language that minimized the procedure. There is no reason here to disregard the well-established rule that the jury is presumed to have followed the instructions. (People v. Boyette (2002) 29 Cal.4th 381, 436.) Defendant argues the jury instruction could have frightened a reasonable juror but it is just as likely, if not more so, that the jurors would have had their minds eased when told the procedures applied to all defendants.

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