Shackling juveniles in court 'necessary sometimes'

Local judge responds to ACLU effort.
Aaron Krause
Mar 17, 2014

 

While the ACLU of Ohio has expressed opposition to shackling juvenile defendants in court, Huron County Juvenile and Probate Judge Timothy Cardwell said the practice is "necessary sometimes."

He added some defendants have acted "very violently," injuring officers. The child can also try to harm him or herself, Cardwell added.

"Our position has always been if a child is in custody of law enforcement, law enforcement has the discretion to make sure that officers and others in the courtroom are safe in the way they deem best," the judge said.

Cardwell said if a defense attorney feels it's necessary to remove restrains to, for example, communicate with the client, his court has made such arrangements.

"We deal with the situation on a case-by-case basis," Cardwell said. He added his court has never received a complaint from a defense attorney or a juvenile defendant's family.

The ACLU of Ohio has filed a writ with the Supreme Court of Ohio, asking for a ruling that prohibits juvenile courts from shackling children without first holding a hearing to determine if it's necessary.

Cardwell said if the ACLU requests a hearing, that's fine.

Adult courts already require these hearings, and 11 states have also banned indiscriminate juvenile shackling. Nevertheless, juvenile courts in Ohio have been allowed to shackle children without holding a hearing, regardless of the child's age or the charges against them.

"Right now, courts in Ohio are doing to children what it is illegal to do to adults," said ACLU of Ohio Senior Staff Attorney Jennifer Martinez Atzberger. "The mission of the juvenile court system is rehabilitation. Putting non-violent children in chains undermines that mission."

"Courts in many other states have already struck down the indiscriminate shackling of juveniles," Atzberger added. "Today we are asking the Supreme Court of Ohio to do the same."

The ACLU court filing deals specifically with a 14-year-old girl who has been charged with a non-violent drug offense in Hamilton County Juvenile Court. On March 7, the court forced the girl to appear in full body shackles without holding a hearing to determine if there was any actual need to restrain her. The child's attorney had filed a motion with the court specifically requesting that she be allowed to appear unrestrained.

"This child is five-foot-two. She has been charged with a non-violent offense, and she has no prior criminal record," said Atzberger. "A judge should be looking at facts like these to determine whether children really need to be locked in chains to keep court personnel safe. If the judge determines that restraints are truly necessary, the court still has the option to use them."

"These hearings are not just a formality; they are an essential part of due process under the law," Atzberger added. "As adults, we demand these rights. Children deserve no less."

Comments

Now The Rest of...

ACLU, All Criminals Love Us.

Would they be shackled during the hearing to determined if they should be shackled?

God Of Thunder

Love the 'All Criminals Love Us'.....LMAO..

But really???? If these little punks didn't break the law in the first place, then they wouldn't have to be treated like a criminal. Act like a criminal, get treated like a criminal.

I know, we should just roll out a red carpet, sprinkle rose petals in the courtroom hallway, take these nitwit juveniles to court in a limo, and carry them in on a pillow...

In the words of Jim Carrey in 'Liar, Liar'... "Stop breaking the law, A@@****!!!!"

rickross2

Has there been even one mass school shooting that was done by someone over 18? Yea, juveniles are saints huh!

gene44870

Its past time to start treating those who break the law like they deserve regardless of age .If you coddle these kids what's to stop hem from repeating or doing even worse when they are held accountable for there actions.If you treat then like or worse it might just deter some of them from breaking the law .And if they do repeat, well then they know what's going to happen ..I know when I did something wrong I didn't have the justice system to deal with , The justice system was my mother and father and they sure didn't coddle me, so why should the justice system.. Give these kids a make up call and you might just save some of them .

luvblues2

Stop smoking crack so early in the AM.

rbenn

And your point is what? Everything he said was correct. Seems you may be the one smoking crack to make such a stupid a$$ comment. Jerry Springer called and said he needs you on his next show, better hurry.

former local

did you guys read the article? A hearing is required in adult cases, doesn't seem wrong to give juveniles the same thing.