Benton County officials are preparing to make policy changes after a federal appeals court ruled in-custody defendants should not be shackled in the courtroom. <\/p>\n
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, the decision states. <\/p>\n
The decision, which was handed down May 31 by the United States Court of Appeals for the Ninth Circuit, a court with jurisdiction over many Western states including Oregon, relies heavily on the constitutional liberties ensured under the Fifth Amendment. <\/p>\n
The decision says a judge must make a determination that a defendant be required to wear restraints. Otherwise, all presumptively innocent detainees must appear without shackles at all proceedings, including sentencing hearings. <\/p>\n
I think its a very expansive decision that will probably be reviewed further, said Benton County Circuit Court Presiding Judge David B. Connell. <\/p>\n
The U.S. Attorneys Office applied for and was granted a 90-day stay on the issue, according to documents filed in the U.S. Court of Appeals. Therefore, the new policy has not yet gone into effect. The stay allows the U.S. Attorneys Office time to file a motion asking for the Ninth Circuit to rehear the issue. <\/p>\n
The U.S. Attorney's Office also could appeal the ruling to the U.S. Supreme Court, Connell said. <\/p>\n
The decision is surprising because it greatly expands the scope of a defendants right not to be shackled in the courtroom, the judge said. The courts have long held that defendants should not be restrained during jury trials, the judge said. <\/p>\n
Its not only the law, but I think its the right thing to do, Connell said. <\/p>\n
For all other hearings that are not before a jury, defendants who are being held in the Benton County Jail typically are brought into court wearing cuffs around their ankles and wrists that are connected by a chain in front of their bodies, the judge said. <\/p>\n
Should this decision go into effect, the sheriffs office would decide if someone poses a danger or risk for escape and should be shackled, Connell said. If a defendant contests that decision, a hearing would be held. The judge would look at factors including criminal history, the circumstances of the arrest and whether the defendant has been disruptive in the jail to decide if restraints are appropriate. <\/p>\n
Since criminal cases take docket priority, these hearings may push aside civil cases, which already can take years to litigate, Connell said. <\/p>\n
What an impact this would have is very hard to say since weve never faced it before, the judge said. <\/p>\n
Benton County Sheriff Scott Jackson said more deputies would be needed to transport unrestrained offenders into courtrooms. He said he hopes the courts would use video appearances more often if the decision went into effect. Such video calls are currently used during some arraignments, but their use could be expanded for plea changes and sentencing hearings, Jackson said. <\/p>\n
What were trying to avoid is having to bring on a bunch of staff that is costly to taxpayers, the sheriff said. <\/p>\n
Jackson said he is also working to understand the legal definition of restraints. He said the Sheriffs Office has neoprene stun belts that wrap around the stomach and fit under clothing, so theyre not visible. A deputy could deploy the stun belt and incapacitate the defendant if the need arises, the sheriff said. <\/p>\n
I question how valid (the decision) is, Jackson said. If you consider a violent person-to-person case or a rape case or significant domestic violence case where the victim has to come in to testify and theres no restraints there, it can be a really delicate situation to navigate, through. <\/p>\n
Jennifer Nash, a Corvallis defense attorney, said she is pleased the sheriff and the courts are addressing the decision and safeguarding the constitutional rights of detainees. <\/p>\n
All citizens are presumed to be innocent until the state proves that they are guilty beyond a reasonable doubt, Nash said. Placing the accused in restraints when they do not pose a public safety threat belies that presumption. <\/p>\n
Benton County District Attorney John Haroldson said those who participate in the judicial process must be mindful of ensuring both safety and fair trials. He said he will rely on the Ninth Circuits interpretation of the law in doing so. <\/p>\n
Even under the proposed framework, if there is a risk, there is an opportunity to be able to address that with the court to ensure there are safeguards, Haroldson said. <\/p>\n
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Originally posted here:<\/p>\n
County responds to ruling against shackling in courtroom - Corvallis Gazette Times<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Benton County officials are preparing to make policy changes after a federal appeals court ruled in-custody defendants should not be shackled in the courtroom. Continue reading