Unjustified Shackling of Defendant Does Not Undermine Fair Trial

A defendant has the burden to prove prejudice by showing that the jury saw their shackles when they were unjustifiably shackled during trial.

State v. Brawley, 2016 BL 179698, S.C., No. SC 19441, 6/14/16.

   The Connecticut Supreme Court ruled that a defendant must show that the jury saw his shackles during trial to establish prejudice during the trial, even if the shackling was unjustified. The defendant, although charged with multiple violent crimes, was not a flight risk or subject to behavioral issues that posed a danger, not necessitating shackles.

   The defendant argued that the State had the obligation to prove that the jury did not see the shackles because the record was silent on the issue, but the court disagreed. The court noted the practice of the judge in placing a curtain around the defense table so the jury cannot see the prisoner’s legs in addition to having the defendant seated before the jury leaves or enters the courtroom favored the state in that the burden is placed on the defendant.

http://www.bloomberglaw.com/public/document/State_v_Brawley_No_SC_19441_2016_BL_179698_Conn_June_14_2016_Cour.