The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Granted: Monday, October 18, 2004
Argument: Tuesday, March 1, 2005
Decision: Monday, May 23, 2005
Issues: Due Process, Miscellaneous

Advocates

Cheryl C. Nield (argued the cause for Respondent)
Rosemary E. Percival (Attorneys for Petitioner, Counsel of Record)

Facts of the Case

After the Missouri Supreme Court set aside Carman Deck's death sentence, Deck was presented at his new sentence hearing shackled with leg irons, handcuffs and a belly chain. Deck was again sentenced to death. The state supreme court rejected Deck's claim that his shackling violated the U.S. Constitution.

Question

Does shackling a convicted offender during the penalty phase of a capital case violate the due process clauses of the Fifth and 14th Amendment?

Conclusion

Yes. Justice Stephen Breyer delivered the Court's 7-2 holding that the Constitution forbids the use of visible shackles during both a capital trial's guilt and penalty phases, unless such shackling is justified by an essential state interest specific to the defendant on trial (such as courtroom security). The majority argued that the law has long forbidden use of visible shackles during a capital trial's guilt phase, and that the reasons underlying this prohibition (like the possibility shackles will bias the jury) extend this rule to the penalty phase.

Supreme Court Justice Opinions and Votes (by Ideology)

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(More information here)
Decision: 7 votes for Deck, 2 vote(s) against
Legal Provision: Due Process
Voted with the majority
Stevens
Voted with the majority
Souter
Voted with the majority
Ginsburg
Wrote the majority opinion
Breyer
Voted with the majority
O'Connor
Voted with the majority
Kennedy
Voted with the majority
Rehnquist
Voted with the minority, joined Thomas' dissent
Scalia
Wrote a dissent
Thomas
Full Opinion by Justice Stephen G. Breyer

Cite this page

The Oyez Project, Deck v. Missouri, 544 U.S. 622 (2005),
available at: <http://www.oyez.org/cases/2000-2009/2004/2004_04_5293/>
(last visited ).