Take the chains and shackles off
juveniles
OUR OPINION: IT'S INHUMANE TO PUT
CHILDREN IN IRONS FOR COURT
When
it comes to making an appearance in court, Florida treats
murderers and rapists better than it does a 12-year-old
charged with a harmless misdemeanor. A heinous killer who
faces a jury at trial must have his shackles and handcuffs
removed, lest the restraints unfairly taint the jurors'
minds about his possible guilt. This is not the case with
juveniles. They routinely appear before juvenile judges in
courtrooms throughout Florida bound by handcuffs and
shackles.
End this practice now
This is a daily occurrence with children
across Florida accused of nothing worse than hitting a
brother or sister (they call it domestic violence), or being
in the wrong place at the wrong time. It is a shameful,
irrational, disgusting practice that should be changed --
immediately. Anthony Schembri, director of the Florida
Department of Juvenile Justice, can put an end to the
practice with a simple change in DJJ policy that says
juveniles are not to be shackled when they appear in court.
Thus far, though, the DJJ is sticking to
its policy of ''ensuring the safety and well-being of the
public'' by continuing to transport youths in handcuffs,
waist chains and ankle shackles.
The Miami-Dade County Public Defender's
Office has kicked off a campaign in an attempt to put an end
to the practice. Public Defender Bennett Brummer has asked
Miami-Dade's four juvenile-court judges to voluntarily allow
nonviolent children to appear in their court without
restraints. One judge, William Johnson, has agreed already
and the other three are considering the request. In Broward
County, Public Defender Howard Finkelstein said that he
would make a similar request of juvenile-court judges. In
Orlando and Tampa, public defenders are asking for the same
thing.
Allowing adult defendants to have their
restraints removed is based on the common-sense notion that
it is prejudicial to the presumption of innocence to have a
defendant appear before a jury in shackles. Although the
juvenile hearings are before judges -- and most of them are
trained to be fair -- they, too, can be influenced by a
child bound like an animal.
Grievously harmed
Beyond the legal rationale, though, is the
fact that children can be grievously harmed by treating them
so cruelly.
The practice is all the worse because it
treats all children who are held for an appearance in court
indiscriminately in the same manner, no matter their age,
emotional development, history or background. The practice
is inhumane and should be changed. The public defenders'
campaign will take time and, in the end, may not by
uniformly accepted statewide.
Some adult with broad authority should
step up and say, Enough! That would be Mr. Schembri.
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