Court Room Attire in a Criminal Trial: What's Good for the Goose is Good for the Gander

Historically, the courts in New Jersey have made every possible effort to ensure that a person accused of a crime appears at trial without restraints or prison garb, so as to prevent the accused from being prejudiced by his/her appearance. Five or six years ago, the Supreme Court concluded that a defense witness could not be brought to court wearing prison clothes and in the absence of some extraordinary safety issue, the witness could not be shackled either. A couple of weeks ago, the Supreme Court concluded that a similar rule should apply to the government’s witnesses.

Once again, the court stressed the need for trial judges to assess the security risks associated with an unshackled witness or defendant, but in discharging that responsibility trial judges should presume that all witnesses and all defendants are to testify without restraints.