Thursday, August 1, 2019

American justice



James Calvert had been a difficult defendant. On trial in 2015 on charges of murdering his wife and kidnapping his son, Calvert had chosen to represent himself, but was having trouble following the judge’s instructions to stand up when addressing the Smith County court in East Texas.

Heightening the tension, Calvert, who was considered a security risk, wore an electronic stun cuff on his right leg capable of delivering an extended jolt of 50,000 volts. Throughout the trial, Judge Jack Skeen had threatened to activate it.

“If I’m sitting here, I’m no security threat,” Calvert said, according to court records cited in an appeal later filed by Calvert’s lawyer.

“I’m not talking a security threat,” Skeen replied. “I’m talking about you listening to me.”

Later, Skeen ordered Calvert to sit down and then, a moment later, to answer a question. When Calvert again failed to stand up to address the judge, an officer activated the device, according to court records. Calvert screamed for five seconds. “I’m sure the Court very much enjoyed that,” he said. Skeen then revoked Calvert’s right to represent himself.

[...]

Last year, a Texas appeals court reprimanded a judge for “barbarism” after he ordered a defendant shocked three times for making objections. The appeals court sent the case back to the lower court for retrial.

And, in 2016, a Maryland judge was ousted from office for shocking a defendant who did not stop talking when asked, leaving the man hollering on the ground in pain while the court took a recess.

[...]

The European Trade Commission, the United Nations and Amnesty International have all called for the ban of electronic restraints. Manufacturers and critics alike note the psychological impact of the devices, and one court found that wearing a stun belt has a “chilling effect” on the ability of defendants to participate meaningfully in their trials.

[...]

Over the years, defendants have sometimes been shocked accidentally at key moments, leading to mistrials. Others, following a shock, have been too scared to return to the courtroom or have missed participating in their trial while recovering, infringing upon their right to be present at all stages of their trial. Research has also shown that 50,000 volts of electricity can impair brain function for up to an hour and can even trigger cardiac arrest.

  The Marshall Project
Shocked "accidentally".

It's a brave new world.

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