We were surprised to read an Aug. 1 Notice to the Bar concerning a report of the Supreme Court Working Group on the Indiscriminate Shackling of Juveniles in Court, 222 N.J.L.J. 2410-2411. Apparently, juveniles appearing in court to defend delinquency charges, per rule 5:19, are routinely shackled during their hearings, without regard to safety or flight considerations, notwithstanding the presumption of innocence and the fact that adult defendants are not shackled at trial, absent cause.
Weighing constitutional and psychological implications of shackling juveniles along with safety, cost and time considerations, the Supreme Court’s working group recommended a carefully drawn new rule: 5:19-4 (“Use of Restraints on a Juvenile”). Shackling juveniles would be prohibited absent a finding of necessity (e.g., prevention of physical harm, risk of flight) and a determination that less restrictive alternatives are not available (e.g., “the presence of court personnel, law enforcement officers, or bailiffs”).
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