Of the proposed methods for responding to an unruly defendant in Illinois v. Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

In the Illinois v. Allen case of 1970, the Supreme court upheld the gag or bind order which allows for the removal of an unruly defendant who interrupts court proceedings. In that particular case, Allen was tried for ordering a drink in a bar, refusing to pay, and collecting $200 at gunpoint from a bartender. When he was charged to court, Allen refused the public defender whom the court assigned to him, rather insisting that he would defend himself. He proved verbally abusive to the judge even issuing him a death threat when he tried convincing him of the need for a public defender who understands the language of the court. When the situation proved uncontrollable, the judge ordered that Allen be taken out of the court and only brought in when there was a need for him to be identified.

The Supreme court upheld this decision agreeing that any defendant whose actions proved disruptive to the court should be removed from the courtroom. Gag and shackles were one of the three methods proposed for controlling an unruly defendant and it was to be the last resort. The reason for this is that when the judges see the defendant in that condition it could play on their emotions, thus making them prejudiced.