United States v. Davis

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

The use of physical restraints on a criminal defendant during a trial is serious business. In some circumstances, it could interfere with the defendant’s ability to participate in the defense and compromise the “courtroom’s formal dignity.” 1 Moreover, it could undermine the presumption of innocence if it came to the attention of the jury. 2 Nevertheless, there are rare cases in which the risks inherent in allowing a potentially violent defendant to retain freedom of movement in the courtroom overcome these concerns.

In this case, the defendant…