Court rules out stun-belt use

OrlandoSentinel.com ^ | April 6, 2002 | Associated Press

[ConservativeLawyer]

MIAMI -- Declaring that courtroom security has its limits, a federal appeals court ordered a new trial for a bank-robbery suspect who was forced to wear a stun belt during his trial.

The three-judge panel was worried that defendants wearing a device capable of delivering "incapacitating pain" would become so preoccupied with potential electrical shocks that they would be unable to help their lawyers.

Amnesty International has criticized use of remote-controlled stun belts in courts and jails as cruel and unusual punishment. Los Angeles paid a $275,000 settlement and restricted their courtroom use after a wearer sued.

[ConservativeLawyer]

Too bad. These would be great to use on defense counsel.

[agitator]

I think we ought to force the judge to wear them. A panel of people who actually understand the Bill of Rights ought to get buttons in front of their seats like on game shows and BUZZ the judge everytime he ignores some defendant's rights.

[Brett66]

This reminds me of a Star Trek episode:

[ConservativeLawyer]

I think we ought to force the judge to wear them.

That's an even better suggestion.

[HiTech RedNeck]

Shouldn't be used at all. If the defendant is a security risk, wheel him into the courtroom in a portable cage.

[ConservativeLawyer]

LOL!

[usadave]

Amnesty International has criticized use of remote-controlled stun belts in courts and jails as cruel and unusual punishment. Los Angeles paid a $275,000 settlement and restricted their courtroom use after a wearer sued.

Hey, I would gladly volunteer to be stunned with a stun belt if someone promised to hand me a check for $275,000 afterwards.

[usadave]

Judge Gerald Tjoflat speculated in a concurring opinion that a stun-belted defendant would "focus on the possible pain and humiliation" from a shock.

But the defendant would only be shocked if he were to do something outrageous or become unmanageable in court. So the defendant would know that he has to behave or else. If he does behave, then he wouldn't have to worry about "focusing on the possible pain and humiliation" from a shock. If he chooses to misbehave in court, then he has nobody to blame but himself if he gets shocked.

[BlackbirdSST]

But the defendant would only be shocked if he were to do something outrageous or become unmanageable in court. So the defendant would know that he has to behave or else. If he does behave, then he wouldn't have to worry about "focusing on the possible pain and humiliation" from a shock. If he chooses to misbehave in court, then he has nobody to blame but himself if he gets shocked. Evidently, the Law disagrees! Too bad for you! Blackbird.

[ConservativeLawyer]

If he chooses to misbehave in court, then he has nobody to blame but himself if he gets shocked.

There you go using logic again. :0)

With reasoning like that, one might even be able to conclude that if the defendant only has himself to blame if he gets sent to jail for the crime he committed.

[vannrox]

My Goodness! What do you expect from the group of Florida Supreme Court Judges that tried to get Gore Elected? Have we all forgotten their Pro-Democrat leanings. Have we forgotten their Pro-Crime leanings?

[ConservativeLawyer]

Hey, I would gladly volunteer to be stunned with a stun belt if someone promised to hand me a check for $275,000 afterwards.

That sounds like a great idea for a game show!

I'm calling Regis right now!!

[fourdeuce82d]

Evidently, the Law disagrees! Too bad for you!

Ummm-no, evidently a single appeals court disagrees, and it's not only "too bad" for the poster you were responding to, it's "too bad" for the taxpayers who will have to foot the bill for the creep's next trial, and it could be really too bad for us in general if at the second trial, through chance/prosecutorial incomptetence/jury sympathy the guy walks, and commits more crimes.

[BlackbirdSST]

No arguement over the guilt or innocence of the scumbag, just the use of the stun belt. He's shackled, so there's nothing going on here a steroid driven ballif can't handle. Blackbird.