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Electronic Monitoring: Philosophical, Systemic, and Political Issues

NCJ Number
184546
Journal
Journal of Offender Rehabilitation Volume: 31 Issue: 3/4 Dated: 2000 Pages: 93-111
Author(s)
Brian K. Payne; Randy R. Gainey
Date Published
2000
Length
19 pages
Annotation
This paper traces the development of electronic monitoring programs in the United States and addresses the philosophical, systemic, and political issues that have surfaced.
Abstract
Electronic monitoring programs were developed approximately 15 years ago with the aim of reducing jail and prison populations. The philosophical issues that have arisen can be categorized as ethical questions and legal issues. Regarding ethical questions, some argue that electronic monitoring "widens the net" of criminal justice control and subsequently punishes offenders who would not have been punished in the past; potentially turns homes into prisons; unfairly punishes some offenders while others are not affected by the sanction; and allows dangerous offenders to roam the streets. Among the legal issues are the claim that the sanction constitutes cruel and unusual punishment and violates privacy. Systemic issues are those that arise from how electronic monitoring programs and policies have altered, expanded, or been affected by the broader criminal justice system. Of particular concern is how the changes and interrelationships reflect two broad principles of systems theory: policy development and goal specification. This paper also considers the way political issues are developed and resolved regarding electronic monitoring. This includes four stages: issue creation, issue awareness, agenda entrance, and issue resolution. After analyzing all of the aforementioned issues and questions, this paper discusses the implications of the analysis for research and policy pertinent to electronic monitoring. 64 references