Take the chains and shackles off juveniles

OUR OPINION: IT'S INHUMANE TO PUT CHILDREN IN IRONS FOR COURT

When it comes to making an appearance in court, Florida treats murderers and rapists better than it does a 12-year-old charged with a harmless misdemeanor. A heinous killer who faces a jury at trial must have his shackles and handcuffs removed, lest the restraints unfairly taint the jurors' minds about his possible guilt. This is not the case with juveniles. They routinely appear before juvenile judges in courtrooms throughout Florida bound by handcuffs and shackles.

End this practice now

This is a daily occurrence with children across Florida accused of nothing worse than hitting a brother or sister (they call it domestic violence), or being in the wrong place at the wrong time. It is a shameful, irrational, disgusting practice that should be changed -- immediately. Anthony Schembri, director of the Florida Department of Juvenile Justice, can put an end to the practice with a simple change in DJJ policy that says juveniles are not to be shackled when they appear in court.

Thus far, though, the DJJ is sticking to its policy of ''ensuring the safety and well-being of the public'' by continuing to transport youths in handcuffs, waist chains and ankle shackles.

The Miami-Dade County Public Defender's Office has kicked off a campaign in an attempt to put an end to the practice. Public Defender Bennett Brummer has asked Miami-Dade's four juvenile-court judges to voluntarily allow nonviolent children to appear in their court without restraints. One judge, William Johnson, has agreed already and the other three are considering the request. In Broward County, Public Defender Howard Finkelstein said that he would make a similar request of juvenile-court judges. In Orlando and Tampa, public defenders are asking for the same thing.

Allowing adult defendants to have their restraints removed is based on the common-sense notion that it is prejudicial to the presumption of innocence to have a defendant appear before a jury in shackles. Although the juvenile hearings are before judges -- and most of them are trained to be fair -- they, too, can be influenced by a child bound like an animal.

Grievously harmed

Beyond the legal rationale, though, is the fact that children can be grievously harmed by treating them so cruelly.

The practice is all the worse because it treats all children who are held for an appearance in court indiscriminately in the same manner, no matter their age, emotional development, history or background. The practice is inhumane and should be changed. The public defenders' campaign will take time and, in the end, may not by uniformly accepted statewide.

Some adult with broad authority should step up and say, Enough! That would be Mr. Schembri.