Report and Recommendation to the Kansas Supreme Court regarding the indiscriminate shackling of youth in Kansas courts

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The practice of indiscriminate shackling of youth during court proceedings – which usually involves use of leg irons, belly chains, and handcuffs – raises serious concerns related to the youths’ due process rights and psychological health and offers only de minimis security benefits. This report outlines the findings of Kansas Appleseed’s research into indiscriminate shackling of juvenile defendants in Kansas and offers a recommended Court Rule to create a rebuttable presumption against shackling of juvenile defendants in court.

Published 2015-09-30

Key findings in this report include:

  • Indiscriminate shackling of youth is common in Kansas courts.
  • The American Bar Association, the National Council of Juvenile and Family Court Judges, the American Academy of Child and Adolescent Psychiatry, and other professional associations have adopted resolutions against the indiscriminate shackling of youth in court.
  • Increasingly, state supreme courts and legislatures are banning indiscriminate shackling of juvenile defendants in court.
  • Indiscriminate shackling is very damaging to youth, families, and the judicial system.
  • A court rule creating a presumption against shackling of youth will not harm court security.