NCJ Number
8265
Journal
Missouri Law Review Volume: 37 Issue: 4 Dated: (FALL 1972) Pages: 660-677
Date Published
1972
Length
18 pages
Annotation
EXAMINATION OF THE RIGHTS OF A PERSON ACCUSED OF A CRIME TO APPEAR BEFORE THE JURY AS A FREE AND INNOCENT MAN.
Abstract
THIS GROUP OF RIGHTS IS CHARACTERIZED AS THE GARB OF INNOCENCE AND CONSISTS CHIEFLY OF THE RIGHT TO APPEAR FREE OF UNNECESSARY PHYSICAL RESTRAINTS, IN CIVILIAN CLOTHES, AND WITHOUT AN UNDUE GUARD. THE CONCLUSION IS THAT THERE SHOULD BE AN ABSOLUTE PROHIBITION AGAINST TRYING A DEFENDANT DRESSED IN PRISON GARB AS NO SIGNIFICANT INTEREST OF THE STATE CAN OUTWEIGH THE RESULTING PREJUDICE. IN THE CASE OF GUARDS AND PHYSICAL RESTRAINTS, A BALANCING TEST MUST BE APPLIED. HANDCUFFS SHOULD ONLY BE USED ON THE MOST DANGEROUS AND DESPERATE DEFENDANT. WHEN SECURITY IS NEEDED, AN INCONSPICUOUS GUARD SHOULD BE USED. IDEALLY, THESE PRINCIPLES SHOULD BE LAID OUT BY THE HIGH COURTS IN CLEAR AND CONCISE LANGUAGE TO PROVIDE OPERATING GUIDELINES FOR THE TRIAL COURTS. (AUTHOR ABSTRACT).