The Defense Attorney’s Arsenal In Challenging Electronic Monitoring

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In criminal prosecutions, electronic monitoring (EM) is pitched as a “humane alternative” to incarceration – but it is not. The latest generation of “e-carceration” tools are burdensome, harsh, and often just as punitive as imprisonment. Fortunately, criminal defense attorneys have options when shielding their clients from this over-used and harmful tech.

Framed as a tool that enhances public safety while reducing jail populations, EM is increasingly used as a condition of pretrial release, probation, parole, or even civil detention. However, this technology imposes serious infringements on liberty, privacy, and due process for not only those placed on it but also for people they come into contact with. It can transform homes into digital jails, inadvertently surveil others, impose financial burdens, and punish every misstep—no matter how minor or understandable.

Even though EM may appear less severe than incarceration, research and litigation reveal that these devices often function as a form of detention in all but name. Monitored individuals must often remain at home for long periods, request permission to leave for basic needs, and comply with curfews or “exclusion zones.” Violations, even technical ones—such as a battery running low or a dropped GPS signal—can result in arrest and incarceration. Being able to take care of oneself and reintegrate into the world becomes a minefield of compliance and red tape. The psychological burden, social stigma, and physical discomfort associated with EM are significant, particularly for vulnerable populations.   

For many, EM still evokes bulky wrist or ankle “shackles” that can monitor a subject’s location, and sometimes even their blood alcohol levels. These devices have matured with digital technology however,  increasingly imposed through more sophisticated devices like smartwatches or mobile phones applications. Newer iterations of EM have also followed a trajectory of collecting much more data, includi

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