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Supreme Court To Decide Fairness of Shackling in Death Case

By , About.com Guide

Kent Scheidegger, legal director of the pro-death penalty Criminal Justice Legal Foundation, told the Associate Press that, "The Supreme Court must balance concerns about Deck receiving a fair sentencing hearing with security concerns of states. "Some defendants do go berserk," Scheidegger said.

Other arguments include:

  • A convicted killer could be dangerous, especially if they know they are possibly facing death.

  • A jury is already aware that the convicted criminal is dangerous so seeing the shackles is not an influential factor in their sentencing decision.

  • State courts should have the ability to decide what safety procedures may or may not be needed.

Denise LeBoeuf, director of the Capital Post Conviction Project of Louisiana is quoted by the Associate Press as saying, "We chain up animals. It's a very deep visceral message." Other arguments include:
  • Prosecutors may ask for restraints on a convict in order to try to manipulate juries with fear so that they will sentence the person to death.

  • Juries are more aware of the fact that convicts can appear at their sentencing trials in traditional street clothing. By bringing a prisoner in, forced to wear restraints, the jury will view it as extreme measures taken because of the possible volatile nature of the defendant.

  • Less visible restraints can be used such as electrical stun belts.

    Source: SFGate.com

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