Local Milwaukee Lawyer Challenges Shackling of Non-Violent Defendants
If you are taken before the court in Milwaukee County for an intake hearing, you will be shackled. Regardless of the criminal offense, or if there is any serious danger or safety threat in the courtroom, this is a standard practice.Whether you were arrested for simple possession of marijuana or assault in the first degree, you will be treated similarly when it comes to restraints. Local attorney Paul Ksincinski argues this is unconstitutional and thus far he has seen no support from the courts.
As this article from the Journal Sentinel reports, Ksincinski used the representation of a defendant charged with possession of ecstasy to prove his point. Unfortunately for him, Millwaukee Country Circuit Judge Ellen Brostrom disagreed, stating that the shackling of defendants was not unconstitutional.
The shackling practice was started by Sheriff David A. Clarke Jr. who maintains the practice is necessary to ensure a safe courtroom. However, critics argue that most of those defendants who are charged with non violent crimes pose no safety threat to the court to begin with.
Instead, critics believe, the decision to shackle or not to shackle a defendant before trial should be the choice of the judge, determined on an individual basis and centered on the charge and personal criminal history.
More than likely the case will be appealed by Ksicinski who wants a higher court to address the issue. Brostrom reasoned her decision was based on the U.S. Supreme Court’s decision that pretrial body cavity strip searches are constitutional. This less obtrusive action must also be allowed, she said.
In the meantime, whether you are charged with an OWI or something far more serious, you will be shackled for your intake appearance, regardless of your right to be assumed “innocent until proven guilty.”
Being shackled is not the only humiliating aspect of facing criminal charges. When you are led before the court while your family, friends, and acquaintances watch, it is difficult to not be ashamed, whether you are guilty or not.
When facing criminal charges it is crucial to have an attorney on your side, representing your best interests and ensuring your rights are protected at every stage of the process. Contact me immediately if you are up against charges and need the assistance of an aggressive criminal defense lawyer.
