A Court Put a 9-Year-Old in Shackles for Stealing Chewing Gum—an Outrage That Happens Every Single Day
The restraints—which include handcuffs, belly chains, and leg irons—are used on kids of all ages and often don’t fit the severity of their crime: The majority of kids are in court for non-violent offenses, like shoplifting or truancy.
The ABA says that this practice is contrary to law because it undermines the accused’s right to be presumed innocent. In adult criminal court, if the defendant is seen by the jury in any sort of restraint, that’s almost always considered a mistrial, explains Judge Jay Blitzman from Massachusetts, who worked on the ABA’s resolution and helped pass anti-shackling policy for juveniles in his state. “You’re sending a message, and it’s not subliminal. It’s: ‘This guy is dangerous.’” The ABA argues that these anti-shackling principles observed in adult court should apply with equal, if not greater, force for children.
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To this day, many judges, prosecutors, and law enforcement officers argue that juvenile shackling preserves courtroom safety and order. But there’s little evidence to support that claim, argues the ABA, especially given that several states have curtailed the practice with little to no ill effects. Since Florida’s Miami-Dade County outlawed shackling kids in 2006, not one of the more than 20,000 children who have appeared in court unbound has escaped or harmed anyone, according to 2011 data. Florida eliminated indiscriminate shackling statewide in 2009, and in the two years following the ruling, officials reported only one disruptive incident. Massachusetts implemented an anti-shackling rule in 2010 and since then “there really have never been issues with its implementation,” says Blitzman.
