OK- perhaps a “play on words”, but it is time we thought seriously about why and how many youth that appear in juvenile courts across the state are shackled, despite no evidence that unshackling youth results in any danger to anyone.
Congratulations to the judiciary in Maine that took up this issue following sustained advocacy from some law students at the University of Maine. (And, kudos to Judge Gonzalez in La Crosse who has reversed the presumption that youth coming into court from custody need to be shackled). They pointed out that adults seem to have the right to appear in court unshackled – and some argue that since youth in juvenile court do not have a right to a jury trial, shackling them does not present the negative appearance that might be true if a jury perceives a youth as so dangerous they need to be restrained. But, both the Academy of Child and Adolescent Psychiatry and the National Council of Juvenile and Family Court Judges have taken positions that limit the use of restraints, especially for youth who have no history of violent/aggressive behavior. In fact, the vast majority of youth in secure detention that end up being shackled when they come to court are not held for crimes against persons.
It is time for Wisconsin to start treating juveniles as youth – we do not have to have all youth in secure custody shackled when they appear in court – and oh, by the way, it is time to reject the premise that a 17 year-old can be convicted by a jury but can’t serve on one!!
By Jim Moeser
