PRISON CLOTHING IN COURT - THE DECLINE OF A DEFENDANT'S CONSTITUTIONAL SAFEGUARDS

• NCJ Number: 39281
• Journal: Loyola Law Review Volume: 22 Issue: 3 Dated: (SUMMER 1976) Pages: 862-867
• Author(s): M A GENNARO
• Date Published: 1976
• Length: 6 pages
• Corporate Author: Loyola University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE IMPLICATIONS OF THE SUPREME COURT DECISION IN ESTELLE V WILLIAMS (1976) REVERSING A LOWER COURT DECISION AND UPHOLDING THE CONVICTION OF A DEFENDANT WHO HAD BEEN COMPELLED TO APPEAR AT TRIAL IN PRISON GARB.

Abstract

IN ESTELLE, THE COURT UPHELD THE CONVICTION BECAUSE, ALTHOUGH THE DEFENDANT HAD ASKED HIS JAILER TO ALLOW HIM TO APPEAR IN COURT IN CIVILIAN ATTIRE AND HAD BEEN DENIED, NEITHER HE NOR HIS ATTORNEY HAD RAISED ANY OBJECTION AT THE ORIGINAL TRIAL. THE AUTHOR ANALYZES THE SUPREME COURT OPINIONS AS WELL AS THE FEDERAL CASE LAW UPON WHICH THEY WERE BASED AND CONCLUDES THAT PERMITTING A DEFENDANT TO APPEAR AT TRIAL IN PRISON CLOTHING COULD HAVE A NEGATIVE EFFECT ON HIS RIGHT TO A FAIR TRIAL AND HIS RIGHT TO A PRESUMPTION OF INNOCENCE....EB