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Deck v. Missouri
''Deck v. Missouri'', , was a United States Supreme Court case that dealt with the constitutionality of shackling a prisoner during the sentencing phase of a trial. In a 7–2 opinion delivered by Justice Breyer, the court held that is against due process, a right prescribed by the 5th and 14th Amendments, to shackle a defendant in the sentencing portion of a trial unless the shackling relates to a specific defendant and certain state interests.
== Background ==
On August 27, 1996, Carman Deck was officially charged and arrested for six felonies. Among those felonies were a count of first-degree robbery, a count of first-degree burglary, two counts of armed criminal action, and two counts of first-degree murder. During the guilt phase of Deck’s original trial, he was dressed as a normal citizen, but had leg-braces under his clothes. Deck’s trial began on February 17, 1998 and within three days, he was convicted on all counts. After handing down a verdict, it took the jury only one additional day to sentence Deck to death. After the trial, Deck appealed to the Supreme Court of Missouri, where his conviction and sentence were upheld.〔(【引用サイトリンク】url=http://supreme.lp.findlaw.com/supreme_court/briefs/04-5293/04-5293.mer.pet.pdf )〕 However, Deck was later granted a new penalty phase after he appealed to the Supreme Court of Missouri on the grounds that he received “ineffective assistance of counsel at sentencing.”〔(【引用サイトリンク】url=http://scholar.google.com/scholar_case?case=15901907562532511815&q=68+SW3d+418+(2002)+(en+banc.)&hl=en&as_sdt=2,22 )〕
The retry of Deck’s penalty phase began on April 29, 2003, where he was brought into court wearing shackles. The defense objected to Deck being visibly restrained, stating that Deck’s behavior did not justify shackles. The defense stated the only justification for shackling Deck would have been if he caused a disturbance in the courtroom. However, he did not. The defense also suggested other measures that the court could have taken to ensure safety instead of shackling Deck. These measures included adding extra security guards to the courtroom, and having the people who wanted to sit in the gallery walk through metal detectors. However, the defense’s objections were overruled. Deck’s attorneys once again objected during voir dire. Deck’s defense thought that asking jurors if the shackles biased them was not enough to ensure that Deck would receive reliable sentencing. The court overruled the objection again, stating “The objection that you’re making will be overruled. He has been convicted and will remain in legirons and belly chain.”〔 The jury once again sentenced Deck to death.〔
Deck appealed to the Supreme Court of Missouri, arguing that the shackles infringed upon his right to due process, equal protection, right to confront evidence against him, and freedom from cruel and unusual punishment (prescribed from Amendments five, six, eight and fourteen). The Missouri Supreme Court held that the trial court had standing to impose security measures if it was necessary. The Supreme Court of Missouri stated that Deck had committed murder and that he would run if he had the chance. Additionally, the court ruled that there was “no record of the extent of the jury’s awareness of the restraints throughout the penalty phase.”〔 The Missouri Supreme Court concluded by stating that it was not claimed that the shackles prevented Deck from participating in the trial and that no evidence has been put forth to prove that it did.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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