Recently, the ABA and the National Council of Juvenile and Family Court Judges passed resolutions opposing the indiscriminate shackling
Payson, minister from the Unitarian Universalist Church of Worcester, recalled the 19th century crusades of Dorothea Dix, who grew up in Worcester and fought for an end to cruel treatment of impoverished insane people and prisoners in state jails as he condemned the shackling of women in labor here.
I'm appalled that the sacred moment of childbirth continues to be so callously violated by the practice of shackling incarcerated women in Massachusetts during labor, delivery and postpartum recovery,'' he told the committee.
Supreme Court has addressed the indiscriminate shackling of adults both directly (13) and in dicta.
20) In his decision for the majority, Justice Thurgood Marshall wrote, however, that shackling a defendant during court proceedings is an inherently prejudicial practice that may violate a defendant's constitutional right to a fair trial.
All painful restraint methods were also asked to be eliminated, especially shackling
detainees' hands behind their back, and that procedures be established concerning the method and length of detainees' held in restraint.
Under the new rule effective January 1, shackling
would be allowed only if the judge finds it necessary to prevent physical harm to the child or others; the child has a history of disruptive behavior; there is "founded belief" the child is a flight risk; and there are no less restrictive alternatives, such as the presence of law-enforcement officers.
Rob Mason, immediate past chair of the Juvenile Court Rules Committee, noted that the Public Interest Law Section's Legal Needs of Children and the 11th Circuit Public Defender's Office spearheaded the effort to stop the indiscriminate shackling
Since then, on a case-by-case basis, Martinez' office challenged the use of indiscriminate shackling
of juveniles in the 11th Circuit.
After administrative efforts failed to end the shackling
in Miami-Dade, 11th Circuit Public Defender Bennett Brummer's office filed motions in individual cases September 11 to unchain the children, arguing shackling
them makes a mockery of the presumption of innocence doctrine, violates children's right to due process, and interferes with their ability to take notes and participate in their defense, as well as violates international law.
MUMS-in-chains minister Ann Widdecombe was last night told by Daily Mirror readers: Stop shackling
our pregnant prisoners.
is that in jurisdictions other than Florida, children have been chained together, but "they had never seen the shackling
of kids they had seen in Florida, with three connected chains.