×
You've used up your 3 free articles for this month. Subscribe today.
Supreme Court Holds Penalty Phase
Loaded on Nov. 15, 2005
published in Prison Legal News
November, 2005, page 27
Supreme Court Holds Penalty Phase Shackling Violates the Due Process
Filed under:
Criminal Prosecution,
Excessive Force,
Restraints,
Court Appearances,
Death Penalty.
Location:
Missouri.
In a 7-to-2 decision that Justices Thomas and Scalia criticized as shunning common sense and risk[ing] the lives of courtroom personnel, with little corresponding benefit to defendants," the United States Supreme Court held that the Constitution forbids the use of …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Prison Design Boycott a Challenge to the Professional Business of Incarceration, by Raphael Sperry
- North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in
- Parole for Women in California: Promise or Pathos, by Corey Weinstein
- From the Editor
- California Prison Gang Linked to Guards and Mexican Drug Cartel
- CIA Private Jet Takes Prisoners on Torture Trips
- Connecticut: Rash of Prisoner Suicides Prompt Questions, Concerns
- Rising Deaths and Violence Among Problems In Illinois Prisons, Jails
- Jail Policy Barring Abortion Without Court Order Upheld
- Oklahoma Prisons Suffer Crisis of Violence and Mismanagement
- Overturned Conviction Nets Baltimore Man $1.4 Million
- Federal Prison Problematic For Texas Officials, by Michael Rigby
- Tulia Undercover Deputy Tom Coleman Convicted of Perjury, by Hans Sherrer
- Procedural Default In Exhausting State Administrative Remedies Held Not A Bar To Bringing § 1983 Act
- Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death
- Escaped Murderer Found Eleven Years Later
- Pro Se Tips and Tactics: Three-Strikes and No More, by Daniel E. Manville
- Supreme Court Holds Penalty Phase
- Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000
- PLN Loses Florida Writer Pay Ban/Censorship, by David Reutter
- Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity
- Mississippi Juvenile Legal Access Class Action Settled
- Maryland Prisons MisCalculate Half of All Prisoner Release Dates
- $97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit
- New York City Settles Wrongful Imprisonment Suit For $1 Million
- New York Prisoner Awarded $195,000 for Hand, Knee Injury
- New York Employees Families Settle Attica Riot Claims for $12 Million
- Virginia Federal Court: Over 47 Hours in
- BJS Report Reveals Rising Imprisonment Rates, Trends In 2003
- Accounting Errors Plagued California Criminal Justice Agency
- SABER's Sexual History Disclosure Requirement Violates Fifth Amendment
- Jail Prisoner Strangles Psychiatrist; Jury Awards $2.6 Million
- PLRA Limits Prisoner's Attorney Fees Incurred Defending
- Mass Parole Re-Hearings in Tennessee Following AG Opinion, by Alex Friedmann
- Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case;
- News in Brief:
- U.S. Corrections Corporation Stock Suit
- 133 Prisoners Killed in Dominican Republic Prison Fire
More from these topics:
- Florida Kills Two Prisoners on Same Day, Both Elderly, Sept. 1, 2026. Statistics/Trends, Death Penalty, Death Row, Lethal Injection Method of Execution.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Death of Seattle Detainee—Jailed Despite Not Being “Grounded in Reality”—Costs King County $3.5 Million Settlement, Aug. 1, 2026. Restraints, Medical Neglect/Malpractice, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Monell Liability.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- Federal Conviction, Guilty Pleas for Jail Guards Responsible for Oklahoma Detainee’s Death, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Excessive Force, Civil Rights Actions or Offenses/Bivens Actions.
- Idaho Will Recruit Law Enforcement Volunteers for Firing Squad Executions, July 1, 2026. Death Penalty, Method of Execution.
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- Texas Executes 600th Prisoner Since Reinstating Death Penalty in 1976, June 1, 2026. Racial Discrimination, Statistics/Trends, Death Penalty, Mental Retardation/Intellectual Disability.
- Washington Governor Fires Independent Prison Watchdog, May 1, 2026. DOC/BOP misconduct, Government Misconduct, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- Idaho Moves Closer to Firing Squad Executions, May 1, 2026. Death Penalty, State Legislation, Method of Execution, Lethal Injection Method of Execution.

