3-17-09 State v. Kuchera, Sr. (A-115-07)

3-17-09 State v. Paul J. Kuchera, Sr. (A-115-07)

Absent proper reasons, witnesses in criminal cases presumptively
should be allowed to testify without restraints. Regardless of
the identity of the proponent of the witness, trial courts are
obligated to determine whether a witness is a sufficient
security risk in order to justify restraints and, if so
determined, restraints are appropriate. Further, whether a
prosecution witness testifies in prison garb likely does not
affect whether the trial as a whole is fair; nevertheless, in
exercise of its supervisory powers, the Court find that, as a
matter of course and unless otherwise affirmatively permitted by
the trial court in the exercise of its discretion, witnesses in
criminal cases, both for the prosecution and defense, should not
testify in prison garb.