Handcuffs are violent. It doesn’t matter whether the person cuffed ultimately gets charged or held overnight. They physically hurt. They cause trauma. They shouldn’t be used unless absolutely necessary. Here, a homeless person is cuffed for being homeless.
Here is a woman apparently in mental health crisis being back cuffed. Unnecessary use of force. City has responded she “wasn’t arrested.” First off: Being cuffed is legally an arrest. Second off: She should never have been cuffed. Zero justification.
Some observations from the last year of completely unnecessary cuffing. The default practice of back cuffing people in court regardless of whether there is any indication they need to be cuffed, regardless of whether they’re in physical distress, needs to change.
Another man in physical distress backcuffed this past July. Still in a hospital gown. Prosecutor was consenting to release. Judge knew it. NYPD knew it. Kept him cuffed for an extra 5-10 minutes for no reason. Unnecessary cruelty.
Last month, a young man still in his pajamas, sitting in the front row of court, on a hard wooden bench, surrounded on both sides by officers who picked him at his home for mistakenly missing a court date. His arms were strained & he was essentially forced to sit on his hands.
Arrested in May for driving on a suspended license. Couldn’t afford his tickets. Held overnight. Hauled before a judge. Back cuffed until he was granted inevitable release. Why?
I had to scratch a young clients nose on the record in front of a judge bc she was unnecessarily cuffed. She was grateful but it’s just so dehumanizing.
