End the shackling of juveniles
A Times Editorial
Published October 3, 2006
The idea behind a separate
juvenile court system is to provide young people a gentler form
of justice as a way of acknowledging their immaturity and
capacity for change. But in one respect, juveniles are treated
far harsher than their adult counterparts. Regardless of the
offense, juveniles automatically appear in court shackled in
handcuffs, chains and leg irons, while adult defendants do not.
This practice is unjustified, degrading and potentially damaging
to justice. Bay area juvenile court judges should put an end to
it.
Pinellas-Pasco Public Defender
Bob Dillinger says that he tried unsuccessfully about two years
ago to get the juvenile court judges in his jurisdiction to
banish shackles. He plans to try again soon. Meanwhile, public
defenders in Miami-Dade and Broward counties have petitioned the
courts to end the practice, and it appears they are achieving
some promising results. Three judges in Broward County have now
signed orders ending shackling in their courtrooms. One of those
judges said the practice is "a throwback to 18th century
Europe."
Beyond the potential
psychological damage of chaining young people, when a defendant
is shackled while sitting in court, it gives the appearance of
guilt. Even though juvenile trials are presided over by a judge
and not a jury, and a judge is supposed to put those kinds of
visual clues aside, there is likely to be some impact.
The shackles used by the
Department of Juvenile Justice are what you might expect to see
on hardened criminals. The children have their ankles chained
together and their cuffed wrists are attached to chains around
their waist. The department says this kind of restraint is
necessary for public safety. But that strains credulity, since
adult defendants aren't forced to sit in court trussed like a
Thanksgiving turkey.
There are many stakeholders
within the juvenile justice system who could have ended this
travesty a long time ago. The secretary of the Department of
Juvenile Justice could have altered the department's standards
on shackling. The Florida Supreme Court could have promulgated
rules protecting the rights of juvenile defendants in the
courtroom. Chief judges also could have barred shackling within
their circuits, as could have individual judges.
This humiliating procedure
needs to stop, and each of these agencies and officials should
take the necessary steps sooner rather than later.
