In those three districts, defense attorneys, prosecutors, judges and sheriff’s deputies can determine if an individual juvenile should remain in restraints. Law enforcement and public defenders in each of those counties said there have been no problems inside the courtrooms since they started removing the restraints. “They were being held to a different standard.” “When we reviewed it, we realized the juveniles were handcuffed or shackled more often than the adults,” said Mark Techmeyer, spokesman for the Jefferson County Sheriff’s Office. Since the beginning of the year, three districts - Boulder, Jefferson and La Plata counties - have started unshackling juveniles while they are in the courtrooms. Public defenders and child advocates have been working with judges and law enforcement for several years to change the practice. But many children remain in custody because their parents couldn’t be reached or refused to come get them, or the judge said their home is not safe for them. Some of the crimes juveniles are accused of are so serious they are not allowed to be released, Roan said. Often the child charged with harassment for pointing a pencil at another student looks no different than the child accused of a violent crime, public defenders say. In-custody juveniles, ages 10 to 17, appear in courtrooms in restraints that can include wrists and ankle cuffs and in some cases a chain that wraps around their waist. The Denver Post does not name juveniles charged with a crime. Because there is no good explanation for it,” said Ann Roan, state training director for juvenile defense for the Office of the State Public Defender. “Why the state is allowed to do things to children that parents wouldn’t be allowed to do isn’t something you could ever explain to a child.
Judges, who have the ultimate say of whether juveniles wear restraints in their courtroom, have repeatedly deferred to the sheriff’s judgment.
Sheriff’s departments - which are in charge of the custody of all offenders and courthouse security - cannot readily recall a recent assault or escape attempt by a juvenile inside a courtroom, but most still say the risks of removing restraints are too great. Defense attorneys and advocates say the long-term effects of shackling juveniles can be devastating for children still developing their self-worth. In all but three courthouses, juveniles as young as 10 are led into courtrooms wearing restraints that can weigh as much as 25 pounds. Colorado public defenders want children out of restraints in court – The Denver Post Close Menu
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