By Elliott Brack
Editor and Publisher, GwinnettForum
MAY 14, 2019 | Someone did a good job eons ago when the first chain was developed. It’s proven to be a useful tool to mankind in all sorts of ways.
Heavy metal chains, when hitched to a car or truck, have the strength to snatch a car out of a ditch, or even a ravine.
What pleasure you can get from a chain when you hang it around a stout oak limb, and attach a swing. Kids, as well as adults, are absolutely transformed while swinging.
Look at the attractiveness of a pendant attached to a gold chain around a woman’s neck. Even some men like often-massive gold chains around their necks. Not for me.
Not all usage of chains are wonderful. Chains have been used for ages to keep slaves or prisoners from escaping. The very phrase, “Chain Gang,” especially here in the South, brings to mind years of cruelly shackling people so as to limit their mobility. It’s not pretty.
All this came to mind when reading about a Clayton County judge who does not particularly like to see juveniles shackled in chains in his courtroom. That comes from Juvenile Court Judge Steven Teske who recognizes the impropriety of chaining youths in his court. Allowing these juveniles to come into his court without chains around their ankles and wrists, promotes decorum, allows the prisoner to be seen less intimidating, and encourages the administration of justice.
Teske
Judge Teske has long been an advocate for saner treatment of people before him. He was recognized in 2018 by the National Juvenile Law Center, the oldest public interest law firm for children in this county. He was one of the recipients of its Leadership Prizes for substantially improving the lives of the country’s most vulnerable youth .
When someone before a court is chained, it can include handcuffs, straitjackets, leg irons, belly chains and others. To us, the mere chaining of a person before the court casts a certain aura of implied guilt about the one chained. It says to the world, “Watch out for this person. They may try something, so we had better restrain him.”
Some 24 states do not allow juveniles to be chained. Efforts in recent legislative sessions in Georgia to eliminate juvenile chaining have not produced results. In the last session, Rep. Mandi Ballinger of Canton, chair of the Juvenile Justice Committee, introduced House Bill 438 and got a hearing, but nothing more came of it. South Carolina enacted legislation in 2014 that prohibits the use of restraints for juveniles appearing in court, unless the judge finds they are necessary to prevent harm and no less restrictive alternatives are available.
According to the National Juvenile Defender Center, the practice of restraining youth who pose no safety threat can humiliate, stigmatize and traumatize young people. In many jurisdictions, young people are automatically shackled for court appearances, even if they are accused only of misdemeanor, non-violent or status offenses.
Proponents of shackling argue it is a necessary security procedure to protect the judge, lawyers and other courtroom observers. However, with deputy sheriffs and bailiffs present, often armed, it would seem that the officials could easily protect people within the courtroom should a juvenile attempt anything.
Chaining is routinely done in adult courts. When a person appeared in chains, think of the impact that makes on the jury. “That guy must be dangerous, for them have him in chains,” we suspect jurors are thinking.
Hurrah for Judge Steven Teske. He recognizes a problem, and is working to see that wrong righted!
- Have a comment? Send to: elliott@brack.net
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