How have courts treated the issue of jail clothing (or shackles) at trial?

California, United States of America


The following excerpt is from The PEOPLE V. NICHOLS., F055572, No. 1037386, No. 1037967, No. 1038145 (Cal. App. 2010):

The foregoing cases, however, all deal with situations in which the defendant appeared in jail clothing (or shackles) before the jury throughout the trial. This fact is significant. As the United States Supreme Court stated: "[T]he constant reminder of the accused's condition implicit in such distinctive, identifiable attire may affect a juror's judgment. The defendant's clothing is so likely to be a continuing influence throughout the trial that... an unacceptable risk is presented of impermissible factors coming into play. [Citation.]" (Estelle v. Williams, supra, 425 U.S. at pp. 504-505, italics added.) In

Page 89

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
How has the court treated the jury in a trial where the trial court advised the jury to continue deliberating on a motion? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
Does this court have jurisdiction to review or overturn a preliminary injunction issued by the trial court? (California, United States of America)
How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)
Can a defendant who failed to object to the trial court's decision to conduct voir dire in open court preserve the issue for appeal? (California, United States of America)
What is the duty of a trial court to instruct a jury on the general principles of law relevant to the issues raised by the trial? (California, United States of America)
How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)
How have courts treated the issue of deterrence and cost during the penalty phase of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.