Petition updateStop Placing Ohio's Youth in Solitary ConfinementConstruction of the replica solitary cell has started and Ohio tackles indiscriminate shackling
Children's Law Center, Inc.
Apr 1, 2016
A rule prohibiting the shackling of juveniles in courts statewide in most circumstances was announced Monday by the Ohio Supreme Court. The Supreme Court adopted a rule creating "a presumption against shackling" but not an outright ban. It takes effect July 1. Individual courts can still use restraints if a judge or magistrate thinks a juvenile's behavior poses a threat or if he or she is a flight risk. “The shackling of youth in juvenile court proceedings has been widespread in Ohio, as well as in other states, without regard to the psychological and possible physical harm being done to the child. In the vast majority of instances, it is unnecessary for the safety of those in the courtroom or to minimize the risk of a youth attempting to flee,” Tandy said. "This rule will not affect the transfer of juvenile offenders into or out of the courtroom but only their appearance while in the courtroom," he wrote in dissent. Some court officials "express concern for public safety, the possibility of escape, and the burden of holding additional hearings to make findings, which will add to an already busy docket, whenever a judge feels a necessity to make a record to overcome the presumption the court imposes in adopting this rule.”
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