America: Land of the Shackled

This Note will demonstrate the detrimental effects of shackling a pregnant woman and will examine some of the efforts currently being made to prohibit the practice, as well as provide some suggestions for prohibitory legislation. Part II of this Note will discuss the background of this pervasive issue, both how it has been viewed by the courts and the ways in which it has been dealt with by state legislatures that have enacted anti-shackling laws. Part III of this Note will analyze the positions of those who support a ban on the use of restraints on pregnant inmates and detainees. Part III will also address Martin v. County of Milwaukee, a case tried in July of 2017 which concerns issues central to this Note.

Part IV will demonstrate the necessity of anti-shackling legislation and present suggestions for legislators to consider when enacting a statute of this kind.