Anthony v. State

In Anthony v. State, 521 P.2d 486, 495 (Alaska 1974) the Alaska Supreme Court set out the general principle that, because the defendant in a criminal case is presumed innocent and has the right to "face the jury with the appearance and dignity of a free and innocent man" a trial judge has an independent duty to limit any shackling or restraint of the defendant to achieve this result. Id. at 495-96. A court should allow such restraint only in the presence of manifest necessity and after giving the defendant an opportunity to be heard. Any restraints imposed should be the "least intrusive" necessary to accomplish a necessary objective. Id.