|
Reprinted from the South Florida Sun-Sentinel
Detained juveniles will not be shackled in courtrooms, judges
rule
By Jon Burstein
South Florida Sun-Sentinel
Posted September 26 2006
Juveniles
accused of crimes walked, rather than shuffled, into a
Broward County courtroom on Monday afternoon -- the
first time in years they weren't required to wear ankle
shackles and waist chains.
Three Broward Juvenile Court judges brought to an end
Monday the indiscriminate shackling of accused juvenile
offenders in their courtrooms, signing orders that found
the practice detrimental for the youths. The county's
fourth juvenile court judge deferred ruling on the issue
until Thursday.
"Some of these children are 12 years old and picked up
for misdemeanors like shoplifting," said Broward
Juvenile Court Judge Larry Seidlin, who ordered the
restraints removed. "It's unconscionable to shackle
these children."
Also, the way detained juveniles are taken to courtrooms
will change today. The state Department of Juvenile
Justice acknowledged Monday that the route juveniles
took to the courtrooms forced them to walk by adult
inmates, a practice the Broward Public Defender's Office
says is unconstitutional and degrading.
The juveniles were walking by adult holding cells, said
Tara Collins, a Department of Juvenile Justice
spokeswoman. She said the department is investigating
how that happened and promised that an alternative route
will be in place today.
"As soon as [DJJ] Secretary [Anthony] Schembri found out
he took immediate action, and now this method of
escorting youth will cease immediately," Collins said.
The Public Defender's Office is set to go before
Juvenile Court Judge Michael Orlando this afternoon
regarding the route juveniles take to the courtrooms. A
15-year-old girl gave a sworn statement to the office
late Monday, saying that as she was being escorted to a
court hearing earlier in the day, adult inmates yelled
"nasty things" at her and other detained juveniles.
Federal law requires detained juveniles and adult
inmates to be separated so they are unable to see or
hear each other, according to the Public Defender's
Office.
The rulings Monday to unshackle detained juveniles came
after the Broward Public Defender's office filed
requests before every juvenile court judge to end the
restraint practices inside their courtrooms. The office
is following the lead of the Miami-Dade Public
Defender's Office, which started filing such requests
earlier this month before juvenile court judges in its
county.
All detained juveniles have been entering Broward
courtrooms with their ankles shackled with a 16-inch
chain between them, their hands cuffed and the cuffs
attached to a chain wrapped around their waist, said
Frank de la Torre, one of Broward County's chief
assistant public defenders. Offenders in adult
courtrooms are handcuffed to chairs, de la Torre said.
De la Torre argued the practice of shackling juveniles
stigmatized and dehumanized them. Experts agreed.
"It's like we are hanging a sign on the kid saying, `You
are bad and dangerous,'" said Bruce Winick, an expert in
law and psychology at the University of Miami. "It's
going to affect his attitude and behavior."
Within quick succession Monday morning, judges Elijah
Williams, Michael Orlando and Seidlin signed orders
lifting the restraints. Juveniles will come into
courtrooms shackled only if a judge has determined them
to be either flight or security risks.
Juvenile Court Judge Howard Zeidwig deferred on making a
ruling, de la Torre said.
Neither the Department of Juvenile Justice nor the
Broward State Attorney's Office opposed the requests to
end widespread shackling in the courtrooms. DJJ
spokeswoman Collins said it's up to each judge how
juveniles will be restrained for court hearings.
She said DJJ will continue transporting the detained
juveniles in handcuffs and ankle shackles for the safety
of both the youths and general public.
Jon Burstein can be reached at jburstein@sun-sentinel.com
or 954-356-4491.
|
|
|
|
