Why do some defendants appear in court all dressed up while others appear in prison uniforms?

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Clearly, those wearing prison garb are going to get treated differently.

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6 Answers

Anonymous 0 Comments

Any time that a jury is in the room you have a right to be dressed like a normal person and the government will pay to rent a suit for you if you can’t afford one.

But you only have that right if the jury is in the room. The jury is only present during a person’s actual trial, but the trial only takes the last day or two of what is typically a long process. Defendants still have to show up in court to attend the hearings that happen during the rest of that process. Only a judge is present in those hearings, so the Defendant has no right to be dressed in any particular way for them.

If the Defendant is out on bail then they’ll come dressed however they choose. If they’re in prison then they’ll come in a prison jumpsuit.

There is one exception to all this which is overly dangerous Defendants. If you have a history of attacking people *while you are in court for the procedural hearings you needs to attend*, then the court *may* order you put into clothing that makes it easier to restrain you or reduces the likelihood that you can attack someone. Typically this takes the form of a spit mask being strapped to you but things like straight jackets are also possible for particularly violent people.

It’s worth noting that this very, very rarely happens. Sitting in front of a jury while wearing a spit mask or straight jacket is clear grounds to have your conviction overturned in all but the absolutely most extreme cases. The internet tends to concentrate the videos of the handful of times that happens every decade because its interesting to watch.

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