Visible physical restraints at the guilt phase of a criminal trial require an individualized security justification. California courts require a record showing manifest need and an independent decision by the judge, rather than a routine or delegated choice by security staff. Before conviction, Penal Code section 688 also limits restraint to what is necessary for detention. Counsel can raise the issue before jurors enter and ask the court to consider workable alternatives. (Penal Code § 688; People v. Mar; Deck v. Missouri)
Find out what jurors will actually see
Restraints used for transport or custody do not necessarily mean jurors will see restraints in the courtroom. The practical question is what will be visible during entry, testimony, and movement in front of the jury. Counsel can ask the court to identify the specific security concern, who made the recommendation, whether the judge independently evaluated it, and whether a less visible measure would address it.
For visible shackles at the guilt phase, Deck v. Missouri requires an essential state interest specific to the defendant. California’s People v. Mar describes the related manifest-need showing and requires the court to make its own decision on the record. These rules concern visible physical restraints before jurors; they do not mean every transport procedure or hidden security measure is governed by an identical test. (Deck; Mar)
Preserve what happened in the courtroom
If restraints are used, the record should make clear the factual basis and the judge’s findings, what alternatives were considered, and whether any decision was left to correctional staff. Counsel can also preserve the courtroom layout, juror sightlines, when restraints were visible, any movement or testimony affected, objections, instructions to staff, and the court’s response.
If unjustified shackles were visible to jurors, Deck does not require the defendant to prove actual prejudice to establish the due-process violation. The prosecution must show beyond a reasonable doubt that the error did not contribute to the verdict; reversal is not automatic. Visibility and the trial record matter. (Deck) Do not attempt to adjust restraints or communicate about courtroom security yourself; those issues belong with counsel and the court.
The Law Offices of David S. Chesley represents people facing California criminal charges. Call (800) 755-5174 to discuss a trial security issue and the record.