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Post by janet on May 23, 2005 18:18:25 GMT -5
The United States Supreme Court decision, in a 7-2 vote, declared this unconstitutional. It appears in www.thestar.com as of half an hour ago. Thankfully, one more step forward toward a jury's pre-conceptions of defendant! Janet
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Post by mikebook on May 23, 2005 18:28:58 GMT -5
Maybe...But the shackles still can be used for security reasons. They have to be as hidden as possible or covered. And I do not think they prejudice a jury towards a defendent, as the defendent still is presumed innocent until proven, by a reasonable doubt, guilty or not guilty...
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Post by CDNStefan on May 23, 2005 22:02:45 GMT -5
Maybe...But the shackles still can be used for security reasons. They have to be as hidden as possible or covered. And I do not think they prejudice a jury towards a defendent, as the defendent still is presumed innocent until proven, by a reasonable doubt, guilty or not guilty... hehe yea juries do everything they are told right? They know a judge can't control everything they think. Ideally a defendant is innocent until proven guilty. We don't live in an ideal world though, so all these extra measures need to be taken.
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Post by sally104 on May 23, 2005 23:27:25 GMT -5
I think the use of schackles or any form of restraint on a prisoner while they are before the jury should be avoided wherever possible.
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Post by janet on May 24, 2005 7:33:32 GMT -5
The U. S. Supreme Court decision does allow for high risk accused in capital cases to be handcuffed by court personnel but only if they posed a special security risk or if prosecutors had a strong argument for it.
Janet
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