A US appeals court on Wednesday deemed unconstitutional the practice of systematically shackling the hands and feet of pre-trial detainees in courtrooms, saying restraints must be decided on a case-by-case basis.
The 6-5 decision by the 9th Circuit Court of Appeals, based in San Francisco, came in a case brought over a decision by a lower federal court in San Diego, where US Marshals had started blanket shackling over security concerns.
“A presumptively innocent defendant has the right to be treated with respect and dignity in a public courtroom, not like a bear on a chain,” Judge Alex Kozinski wrote in the majority opinion.
“We must treat people with respect and dignity even though they are suspected of a crime.”
The court said that a compelling security risk must be demonstrated for a defendant’s hands and feet to be bound in chains. It also ruled that the decision could not be delegated to the US Marshals Service.
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