Advocates Call for an End to the Presumptive Shackling of Juveniles in Court

The Illinois Justice Project has submitted a proposed proposed rule to the state Supreme Court Rules Committee to reform the practice of shackling children appearing in juvenile court. The Committee referred the proposed rule to the Juvenile Justice Committee of the Judicial Conference in order to study and review the matter.

In July, the Rules Committee heard testimony in favor of the proposed rule. Chicago Appleseed for Justice, in collaboration with the Chicago Council of Lawyers with pro bono assistance from attorneys at Golberg Kohn Ltd. submitted a statement in support of the proposed rule, which was shared by the Illinois Justice Project at their website.

The proposed rule is similar to Supreme Court Rule 430 which governs the practice of restraining adult defendants in criminal court proceedings. It eliminates presumptive shackling and details procedures for determining when a child may be restrained in court, leaving the decision in control of the court which is able to observe the minor directly. The proposed rule is in agreement with the analysis and conclusions in the American Bar Association Criminal Justice Section’s Resolution107A on the use of restraints on juveniles in court.

Testimony at the July meeting emphasized the need for judicial discretion in determining whether shackling of juveniles is necessary on an individual basis. It also focused on how shackles make it physically difficult for juveniles to participate in their defense and how routine and indiscriminate shackling can work against the rehabilitative purpose of juvenile courts.

Illinois’ Supreme Court was the first to consider the issue (in 1977, In re Staley) when it found that presumptive restraints without individualized determinations of safety risks constituted reversible error. Although Illinois has, therefore, been considered a leader in the movement away from the indiscriminate shackling of juveniles, the practice remains pervasive in Illinois and arbitrary.

ccjdoc But a consensus has emerged nationwide in opposition to the practice and Illinois must reclaim its position to eliminate presumptive shackling of juveniles and reduce its prevalence. Doing so promotes the rehabilitative focus of juvenile court proceedings and preserves the Constitutional rights of children in court. Eliminating presumptive shackling promotes due process by avoiding their prejudicial impact; it also removes barriers to the presumption of innocence and the child’s full participation in his or her own defense. Finally, discontinuing presumptive shackling—and reducing the use of unnecessary restraints in court—is in keeping with modern understanding of adolescent behavior and the impact of the stress and humiliation of restraints on the child’s participation in the judicial process and on positive outcomes from the proceedings.

We hope the court will not delay too long in adopting the rule and codifying the reform which has broad support from practitioners and advocates.