It is common practice in Wisconsin and around the country that youth who are in secure custody come into their court hearings in shackles of one kind or another.  Almost always this is because that is how adult inmates are transported and attend hearings.  Security and safety reasons are most often cited by the agencies responsible for providing the transport and courtroom security, but the fact is that shackling is done routinely despite an absence of data that supports the need and despite growing concerns and evidence that the indiscriminate and unnecessary use of restraints is harmful to youth who already have a history of experiencing trauma and are struggling to figure out where they fit into our society.  (By the way, this is another reason why putting youth in secure custody who don’t really need to be there can actually increase the likelihood of bad outcomes).

A growing number of states are joining the Campaign against Indiscriminate Juvenile Shackling, developing statutes or court rules that presume such shackling is not needed for court appearances unless there is sufficient evidence to support safety/security concerns.  Wisconsin courts need to take a cue from the position of the American Bar Association that “flips” the presumption to a practice in which shackles are not used unless there is evidence such restraints are needed.

By Jim Moeser