A bill to limit the shackling of children during court proceedings is headed to Governor Corbett for his signature, according to Senator Lisa Baker (R-20), who sponsored the measure.
In most juvenile justice courtrooms, shackling is a rare occurrence, done only when security is deemed seriously at risk. But, as the Interbranch Commission on Juvenile Justice report revealed, indiscriminate and unreasonable reliance on leg-shackling and handcuffing kids was common practice in Luzerne County.
“Purposely and needlessly breaking the spirit and rubbing out the self-worth of kids is contrary to every principle of restorative justice,” Baker said. “To prevent corruption, we must never forget how callously it can be carried out, or how corrosive it is to justice and community trust.”
Baker added that approval of Senate Bill 817 is an important, additional, redemptive step for the people of Luzerne County and the Pennsylvania Juvenile Justice System.
Senator Lisa Baker
Floor Remarks – SB 817 Concurrence
This measure addresses an appalling aspect of the judicial corruption that afflicted juvenile justice in Luzerne County.
Indiscriminate and unreasonable reliance on leg-shackling and handcuffing kids was another way that Judge Ciavarella intimidated and bullied those who came before him. In most juvenile justice courtrooms, shackling is a rare occurrence, done only when security is deemed seriously at risk.
It was unimaginable as common practice. Consider kids as young as ten, who did something immature or thoughtless, not the destructive or violent acts we think of as constituting juvenile crime. These kids are brought before a judge, without the benefit of legal counsel, berated, swiftly sentenced, shackled, and hauled off to detention. In too many cases, there was no correlation between action and consequence.
To compound matters, people in positions of responsibility watched this occur for years, seemingly without objection or complaint.
The Interbranch Commission made it quite clear how offensive to the concept of justice this practice was, using words such as demeaning and dehumanizing. Purposely and needlessly breaking the spirit and rubbing out the self-worth of kids is contrary to every principle of restorative justice.
To prevent corruption, we are adopting new laws, strengthening judicial rules of procedure, and adding meaningful oversight.
To prevent corruption, we must never forget how callously it can be carried out, or how corrosive it is to justice and community trust.
The people of Luzerne County have been awaiting action on reform legislation. Approval of Senate Bill 817 is an important, additional, redemptive step.
Contact: Jennifer Wilson
(570) 675-3931