Judge orders defendant's mouth taped shut

Equuleus

King
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http://news.aol.com/article/judge-orders-defendants-mouth-taped-shut/438703


POCATELLO, Idaho -A state judge who said he lost patience with an unruly defendant ordered court officials to cover the man's mouth with duct tape. The unusual move was ordered Monday by 6th District Judge Peter D. McDermott during a probation violation hearing for Nicklas Frasure. The 23-year-old Frasure was convicted of felony theft in 2008 and recently released from prison.
During the hearing, Frasure made repeated outbursts and ignored the judge's orders to refrain from interrupting the court. The judge then ordered bailiffs to silence Frasure.
The Idaho State Journal reported that bailiffs found a roll of duct tape, tore off a piece and put it over his mouth.
The judge ordered Frasure placed in the custody of the Department of Correction mental health facility in Boise.
 
That type of thing used to happen in one of my boarding schools all the time. The judge clearly overstepped his bounds here.
 
The only issue would be the inability to defend yourself in court due to the fact you can't talk, though that issue could be resolved by removing the tape when it is the defendant's turn to speak and then putting a fresh piece on afterward.
 
Removing that duct tape will be cruel and unusual!
 
I don't exactly see what the alternative is. Unless it's legal to hold a trial without the defendant present, which I thought wasn't so...
 
I don't exactly see what the alternative is. Unless it's legal to hold a trial without the defendant present, which I thought wasn't so...
You can have a person tried in absentia under certain circumstances.
 
I don't exactly see what the alternative is. Unless it's legal to hold a trial without the defendant present, which I thought wasn't so...

It's discouraged. But I think it can be done under rare situations when the defendant refuses to behave. Or not. Not actually sure.
 
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