Attorneys ask juvenile court to drop shackles

Sunday, June 28, 2009 |
MEDFORD (AP) - Defense attorneys in Medford have asked juvenile court judges to stop shackling children and teens when they appear to face criminal charges.
Attorney Christine Herbert, a member of the Jackson Juvenile Consortium, filed the motion asking that detained youths no longer be chained at the ankles during appearances in Jackson County Juvenile Court.
"I argue that shackling violates their constitutional rights to be considered innocent until proven guilty and that these kids shouldn't be treated as criminals," she said.
The consortium is a small group of defense attorneys who work with juvenile and family related legal cases.
Herbert said that Oregon's juvenile code focuses on rehabilitation, noting the laws are "really protective of kids" and the philosophy is different than in adult courts.
But she said shackling children is still common around the state.
Jackson County juvenile authorities said ankle chains are the easiest and least restrictive way when youths in custody are moved outside locked areas of the detention center.
"We use them for all movement outside the secure area - medical appointments, counseling, court," said Joe Ferguson, deputy director of Jackson County Community Justice's juvenile division.
He said that shackling has been the department's standard practice for decades and likely started when youths accused of crimes had to be transported across town for court proceedings.
Ferguson said the shackles prevent fighting or other disruptions and thwart escape attempts.
He said the leg chains are less restrictive than other combinations of handcuffs, shackles and belly chains. They allow kids to handle papers or sign documents if needed in court, as well as catch themselves if they fall while walking in chains.
Herbert said Deschutes County uses leg shackles, handcuffs and a belly chain on young offenders. But she said Multnomah County no longer uses restraints unless needed.
At the end of 2008, Linn County, which shackles youths while bringing them to and from the courthouse, decided to remove the leg irons once the youngsters are inside the building unless there is a specific risk, she said.
Herbert argued that shackling is "unnecessarily restrictive" and Jackson County's use is overly broad, especially for courtrooms that are in the same building as the detention rooms and should be considered secure.
"Youth face unnecessary shame and humiliation by being restrained in court," she wrote in support of her motion.
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