What is the test to determine if a jury has been ordered to restrain a defendant in shackles?

[14 Cal.App.4th 1829] The first element of the test is therefore whether the error resulted in the deprivation of a federal constitutional right, i.e., the right to due process. (People v. Duran, supra, 16 Cal.3d 282, 293, fn. 12, 127 Cal.Rptr. 618, 545 P.2d 1322.) As Duran makes clear, "that possible prejudice in the minds of the jurors, the affront to human dignity, the disrespect for the entire judicial system which is incident to unjustifiable use of physical restraints, as well as the effect such restraints have upon a defendant's decision to take the stand, all support our continued adherence to the Harrington rule." ¹² (16 Cal.3d at p. 290, 127 Cal.Rptr. 618, 545 P.2d 1322.)

Shackling also affects the presumption of innocence: "When a defendant is charged with any crime, and particularly if he is accused of a violent crime, his appearance before the jury in shackles is likely to lead the jurors to infer that he is a violent person disposed to commit crimes of the type alleged." (People v. Duran, supra, 16 Cal.3d 282, 290, 127 Cal.Rptr. 618, 545 P.2d 1322.)