The Supreme Court noted that binding and gagging a defendant creates a "spectacle" that can prejudice the jury. It creates a visual implication of guilt and dangerousness before any verdict is reached. It also prevents the defendant from communicating effectively with their lawyer, violating the right to counsel.
Before diving in, it is important to distinguish between the two main types of "gagging" in the legal world: gagged in court
When a defendant is "gagged" in court, it is almost always a dramatic collision between an individual’s right to be heard and the state’s responsibility to maintain order. While it looks like a scene from a movie, the reality involves complex legal precedent regarding the Constitution and human rights. The Supreme Court noted that binding and gagging
Despite the Supreme Court’s hesitation, judges do occasionally order physical restraints. Before diving in, it is important to distinguish
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