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  #1  
Old 02-14-2018, 03:13 AM
astrid2007 astrid2007 is offline
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Default Shackles and cuffs to transport in court?

when you are taken to court it is always mandatory to wear handcuffs on the wrists, waist chain and ankles regardless of the type of crime for which you are judged?
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Old 02-14-2018, 06:22 AM
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No it isn't, depending on your custody level generally.
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Old 02-14-2018, 07:13 AM
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My husband was in both and his crime was non violent low level. Depends on the state and what their normal procedures are
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Old 02-14-2018, 07:37 AM
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Any time inmates are transported, especially to court, most of the time,they are in shackles. It's ugly, but that's just how they do it for safety and security concerns.
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Old 02-14-2018, 07:39 AM
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It's up to whoever is transporting you. From jail to court, I bet that even jaywalkers who can't make bail are chained from head to toe.
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Old 02-14-2018, 08:23 AM
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I've been transported to court and was never in shackles and chains just cuffed to seat mate. This was 20 years ago, don't know if that would even apply anymore.
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Old 02-14-2018, 10:56 AM
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Quote:
Originally Posted by nygirl17 View Post
My husband was in both and his crime was non violent low level. Depends on the state and what their normal procedures are


Agreed, it depends on where they are being detained. In California, most counties have policy manuals for transporting inmates.
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Old 02-14-2018, 11:14 AM
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This is actually one of the (many) things that horrify me personally in the American prison/jail system.... To my understanding based on what my guy has told me, they get them out of their cells around 2am in the morning of the court day...shackle them up, have them sit in shackles for a few hours waiting for transportation to court. The day is pretty long too, so back to jail (this is one of the CA counties) around 6pm...so it can be 14 hours in shackles.
(He's a non-violent offender).
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Old 02-14-2018, 11:24 AM
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One of my good friends just sat in cuffs and shackles for 9 HOURS in a holding cell waiting for court...they had the wrong day so she was taken back to the jail and then had to go to court again the next day.

Generally, in America, if you are already in custody you will be transported to court in cuffs and shackles/belly chain.
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Old 02-14-2018, 01:48 PM
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I think it depends on what state a person is in, but I am sure with the amount of escapes and attempted escapes it is common practice in many states. I know the first time I saw my LO shackled it was heartbreaking too me. He had already been in prison a couple of years was a lvl two and they shackled his feet and chains. Still to this day, try to forget that day!!
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Old 02-14-2018, 04:36 PM
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It is common practice in most courts, and perhaps the hardest thing to get used to seeing and experiencing.

When I was a rookie lawyer, I made the decision to always introduce myself and hold out my hand to shake a client's hand every time I saw them. My first client? I got to see him through glass. Later that day, I got to meet another client outside of the jail. I held out my hand, and he stretched his from his cuffs, not even coming near where normal people shake. I lowered my hand stepped forward and shook his hand as best we could anyway. It took my breath away - there I was, representing misdemeanants, and they were trussed tighter than Thanksgiving turkey. They had to gather the chain from shackles to hands to shuffle to the elevator or the cop car or the van for transport.

The first trial I had, the poor guy came into court in nice civilian clothes, jacket and tie, and shackles and cuffs through a bellyband - he'd been allowed to dress out at the jail. They took all of this off before the jury came in, but there were telltale wrinkles in his clothes marking him as having worn that jewelry for an extended period before the trial.

Most of the jailers preparing a person for transport know that they are going to be in shackles and cuffs for an extended period, so they don't intentionally cut off the circulation in feet or hands. The exception is when the guy has a flag in his jacket that he's known for slipping his cuffs or shackles (some people ave really large wrists and Houdini like skills). Those guys get cuffed tight. I always try to check the color of a client's hands when he comes in, and stick around when they are shackling and cuffing him back up to prevent petty little power plays from being played out on a guy,s wrists or ankles. I can't always do that, but I try.

This is all a matter of a few bad apples spoiling it for everybody. They'd rather err on the side of caution than look at individuals and decide whether they need that sort of restraint.

Still, the first time you encounter it, it takes your breath away. I'm still not used to it.
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Old 02-14-2018, 06:05 PM
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The most uncomfortable thing about being transported in shackles & chains is the way the chains rub on the ankles. First time I was transported, I didn't wear socks (I hadn't been in long & my pedicure still looked good ). You can bet I wore socks every time after that!
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Old 02-15-2018, 03:51 AM
astrid2007 astrid2007 is offline
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very intense and human your testimony made by those who every day attends the Courts ..... I would like to write to you in private message but i see that this is not possibile


Quote:
Originally Posted by yourself View Post
It is common practice in most courts, and perhaps the hardest thing to get used to seeing and experiencing.

When I was a rookie lawyer, I made the decision to always introduce myself and hold out my hand to shake a client's hand every time I saw them. My first client? I got to see him through glass. Later that day, I got to meet another client outside of the jail. I held out my hand, and he stretched his from his cuffs, not even coming near where normal people shake. I lowered my hand stepped forward and shook his hand as best we could anyway. It took my breath away - there I was, representing misdemeanants, and they were trussed tighter than Thanksgiving turkey. They had to gather the chain from shackles to hands to shuffle to the elevator or the cop car or the van for transport.

The first trial I had, the poor guy came into court in nice civilian clothes, jacket and tie, and shackles and cuffs through a bellyband - he'd been allowed to dress out at the jail. They took all of this off before the jury came in, but there were telltale wrinkles in his clothes marking him as having worn that jewelry for an extended period before the trial.

Most of the jailers preparing a person for transport know that they are going to be in shackles and cuffs for an extended period, so they don't intentionally cut off the circulation in feet or hands. The exception is when the guy has a flag in his jacket that he's known for slipping his cuffs or shackles (some people ave really large wrists and Houdini like skills). Those guys get cuffed tight. I always try to check the color of a client's hands when he comes in, and stick around when they are shackling and cuffing him back up to prevent petty little power plays from being played out on a guy,s wrists or ankles. I can't always do that, but I try.

This is all a matter of a few bad apples spoiling it for everybody. They'd rather err on the side of caution than look at individuals and decide whether they need that sort of restraint.

Still, the first time you encounter it, it takes your breath away. I'm still not used to it.
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Old 02-15-2018, 10:03 AM
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Quote:
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very intense and human your testimony made by those who every day attends the Courts ..... I would like to write to you in private message but i see that this is not possibile
Sorry, I'm here to help everybody, where I can, and myself most of all. I'm not here to gain clients (I have plenty without any sort of advertising), and do not want in any manner to create an attorney/client relationship. I'm here to dialogue with everybody.

If your issue is not something that can be made public on a bbs like this, perhaps you should talk with your own lawyer. I don't mean that to sound snide - I just mean that if there's an issue that's delicate, I'm not the one to talk with. And I'm not open for new clients, trying to take on 1983 law suits, or doing anything along those lines. The ACLU in the US is the premier entity if you are looking for civil rights law suits. There are also a number of prison projects operating in various states.

I know nothing about Italian law.
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Old 02-15-2018, 12:11 PM
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The current "Bail" statutes in many US jurisdictions guarantee a couple of things; huge profits for bail bond companies, plus a near guarantee that many people who are charged with crimes, but can't afford their bail, will spend long stretches in custody, and in chains based only on an accusation.

Guilty until proved innocent is the way the US criminal "justice" system operates.
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