Due Process Restrained: The Dual Dilemmas of Discriminate and Indiscriminate Shackling in Juvenile Deliquence Proceedings

Abstract

In Hidden in Plain Sight, Barbara Bennett Woodhouse argues for the advancement of children’s rights through the development of a child-centric perspective. She identifies five principles to further that goal, including the principles of agency and dignity. These principles shed light on the problem of shackling juveniles during their delinquency proceedings. While a recent United States Supreme Court ruling barred indiscriminate shackling for all adult defendants, the status of juveniles remains unclear. Yet even in states that do not shackle juveniles without cause, significant problems remain. This Comment identifies and examines these problems, arguing for increased attention to shackled juveniles’ due process and fundamental dignity rights. The Comment concludes with proposals to improve the discriminate approach, with Woodhouse’s child-centric model in mind.