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Shackled


The Supremes shared that though the presumption of innocence is no longer relevant in the punishment phase of trial, the magnitude of a jury's decision is equally grave -- life or death. A shackled defendant "implies to the jury that court authorities consider him a danger to the community." Just might tip that needle closer to his veins. And obviously, when human beings are making that decision, we're subject to error, and so, we should be unfettered of unwarranted -- and unconstitutional -- bias. Once that decision is made, and carried out, you can't take it back after realizing a grievous, irreversible mistake.

And so, old Carman Deck will get yet another sentencing hearing, presumably, without metal jewelry -- unless Missouri can show me an indispensable interest. We'll be watching.

The copyright of the article Shackled in U.S. Supreme Court is owned by Gina D. Gipson. Permission to republish Shackled in print or online must be granted by the author in writing.

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