Law Commons^™

Visibly Shackled: The Supreme Court's Failure To Distinguish Between Convicted And Accused At Sentencing For Capital Crimes, David R. Wallis

Missouri Law Review

American courts have long held that the practice of placing a criminal defendant in visible shackles during the guilt phase of trial is inherently prejudicial and have required courts to state with particularity the reason for doing so. However, no bright-line rule establishes the proper procedure or the degree of discretion given to the trial courts when making their determination. As a result, disparity has developed among the courts as to when and under what circumstances a criminal defendant may be shackled. Even greater confusion arises when courts consider the issue of shackling a convicted defendant during sentencing. For instance, …