Presentation is loading. Please wait.

Presentation is loading. Please wait.

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI 125 S.Ct. 2007 (2005) Case Brief.

Similar presentations


Presentation on theme: "Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI 125 S.Ct. 2007 (2005) Case Brief."— Presentation transcript:

1 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI 125 S.Ct (2005) Case Brief

2 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI PURPOSE: Deck is a constitutional law case in which Deck alleges that being forced to wear restraints during the sentencing proceeding violates his rights under the Constitution.

3 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI CAUSE OF ACTION: Murder.

4 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI FACTS: Deck was convicted and sentenced to death in state court while wearing leg braces. The Missouri Supreme Court required him to be resentenced. During the jury sentencing phase, Deck wore a belly chain, leg irons, and handcuffs despite the objection of his attorney. Again, he was given the death penalty.

5 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI ISSUE: Whether shackling a convicted offender during the penalty phase of a capital case violates the Federal Constitution.

6 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI HOLDING: Yes. “... the Constitution forbids the use of visible shackles during the penalty phase, as it forbids their use during the guilt phase, unless that use is ‘justified by an essential state interest’― such as the interest in courtroom security― specific to the defendant on trial....”

7 Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI REASONING: The use of restraints visible to the jury may negatively impact the jury’s decision whether to recommend the death penalty. In addition, the restraints may impair the defendant’s ability to participate in his own defense and may impair courtroom dignity.


Download ppt "Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI 125 S.Ct. 2007 (2005) Case Brief."

Similar presentations


Ads by Google