Document Category: Electronic Monitoring

Although this is a habeas brief, pages 27-29 (p. 34-36 of the PDF) lay out how lifetime electronic monitoring burdens participation in civic and social life by causing adverse impacts on relationships, decreased psychological well being, and reduced employment opportunities. The data collected in this section could be useful to defenders in sentencing and/or pre-trial release arguments — either to prevent the use of electronic monitoring devices or to argue for reductions in other conditions if electronic monitoring is imposed.  Additionally, pages 37-40 (p. 44-47 of the PDF) argue that sex offender registration burdens both freedom of movement and participation in civic and social life because of differences in state laws and the lack of privacy after information is posted on the internet.  That data could be used to argue for reduced incarceration for individuals who face placement on the registry in light of the punitive effects associated with the registry itself.