The pros and cons of shackling juveniles: court hears oral arguments on rule governing the use of restraints on children in juvenile court.

At oral arguments at the Florida Supreme Court, Sixth Circuit Judge Raymond Gross defended restraining children in juvenile court, calling the term "shackling" an emotion-charged "pejorative."

"They have handcuffs in the front, and they have a leg restraint, which is a cuff on each leg with 16 inches of chain that allows them to walk at a normal gait. The only thing it prohibits is running. I would suggest to you if you saw a child with those restraints and you weren't looking, you wouldn't even be conscious that they have them on.... We're not talking about belly chains," Judge Gross explained.

Justice Fred Lewis let his annoyance show.

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"Well, what do you call it when you put chains, when you put restraints around a young person's feet and chains to their waist?" Justice Lewis asked. "I'm sorry. I consider it very offensive for a judge to stand before us and say, 'Oh, you're just making a big deal about nothing.' To me, there is something about this, and it's not just a pejorative."

Earlier, Judge Gross argued that having multiple juvenile defendants in the courtroom together is "helpful to the children because there is a learning curve that takes place" on what to expect when it's their turn to stand before the judge.

To that, Justice Lewis said: "Why do you have to have chains around your waist, around your legs and down to your ankles to learn?"

"Sir, I never said chains around your waist or chains down to your ankles," Judge Gross said.

"But what do you call the chain so they can't run?" Lewis asked.

"Large, long handcuffs," Gross responded. "There is a 16-inch chain with two cuffs around the ankle."

"And that's not a chain?" Lewis asked.

"It is not a chain around the waist," Gross responded.

"Well, we're playing word games, sir," Lewis concluded.

So went the lively give-and-take at oral arguments June 4 in Case No. SC09-141, In re: Amendments to Florida Rules of Juvenile Procedure.

Arguments included the 12-11-1 recommendation from the Juvenile Court Rules Committee to approve the proposed Rule 8.100 General Provisions for Hearings that says "instruments of restraint, such as handcuffs, chains, irons, or straitjackets, may not be used on a child during a court proceeding and must be removed prior to the child's appearance before the court."

Shackling would be allowed only if the judge finds it necessary to prevent physical harm to the child or others; the child has a history of disruptive behavior; there is...