Thirty-six states, including Wisconsin, still allow the process of indiscriminate shackling of juveniles during their interaction with law enforcement and the court. In almost all cases children are not assessed for what danger he or she poses to the court or a police officer, rather it is just part of a “preventive” routine – but a routine that may cause more harm than we realize. Shackling occurs despite the many ways this action may negatively impact the child, for example:
A child’s arms or legs being restrained may instantly trigger a terrifying memory of sexual or physical abuse.
Shame and embarrassment may impact the child’s perception of how others see them – that is, if you treat me like a criminal, am I one?
Shackling is another distraction for the youth who is are already in a situation that is complicated and foreign. This increases the likelihood that the child will not be able to understand what is happening in the courtroom.
The juvenile justice system is structured under a balanced approach which is supposed to be focused on getting kids back on track, rather than punitive, in nature. When children as young as seven (in Massachusetts) or ten (in Wisconsin) can be shackled, they are certainly neither a danger in court nor are they being treated as a child who needs help. .
Children in Chains: Indiscriminate Shackling of Juveniles, by Kim M. McLaurin, dives deeper into this issue and argues that the practice of indiscriminate shackling violates the 5th, 6th, and 14th amendments to the U.S. Constitution.
In Wisconsin, we might want to consider a state wide practice that bans indiscriminate shackling of juveniles, or at least developing a risk assessment process that takes into consideration concerns that officers, family members, and professionals in the courtroom have about their own safety. It is refreshing to know that there may be some Wisconsin judges who assess if there is a need for the youth to be shackled, but those judges are too few and far between. By Katey Collins
