House arrest: Difference between revisions
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==House arrest in entertainment== |
==House arrest in entertainment== |
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*[[100 Feet (film)]] |
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==References== |
==References== |
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Revision as of 21:30, 22 October 2009
In justice and law, house arrest (also called home confinement, home detention, or electronic monitoring) is a measure by which a person is confined by the authorities to his or her residence. Travel is usually restricted, if allowed at all. House arrest is a lenient alternative to prison time or juvenile-detention time.
While house arrest can be applied to common criminal cases when prison does not seem an appropriate measure, the term is often applied to the use of house confinement as a measure of repression by authoritarian governments against political dissidents. In that case, typically, the person under house arrest does not have access to means of communication. If electronic communication is allowed, conversations will most likely be monitored. With certain units, the conversations of criminals can be monitored directly via the unit itself.
Details
Home detention provides an alternative to imprisonment and aims to reduce re-offending while also coping with expanding prison numbers and rising costs.[1] It allows eligible offenders to retain or seek employment, maintain family relationships and responsibilities and attend rehabilitative programs that contribute towards addressing the causes of their offending.
The terms of house arrest can differ, but offenders are rarely confined to their residence 24 hours a day. Most programs allow employed offenders to continue to work, and only confine them during non-working hours. Offenders are also commonly allowed to leave their homes for specific, pre-determined purposes; examples can include visits to the probation officer or police station, school, religious exceptions and medical appointments.[2] Many programs also allow the convict to leave the residence during regular, pre-approved times in order to carry out general household errands such as food shopping and laundry. Offenders may also have to respond to communications from a higher authority to verify that they are at home when required to be.[3]
There are several types of house arrest, varying in severity as to the requirements of the court order. A curfew may restrict an offender to their house at certain times, usually during hours of darkness. Home confinement or detention would require an offender to remain at home for most hours, apart from the above mentioned exceptions. The most serious is home incarceration which would constrain an offender to their home constantly, aside from court-sanctioned treatment programmes and medical appointments.[1]
In some exceptional cases, it is possible for a person to be placed under house arrest without trial or legal representation, with restrictions on who they can associate with.[4] In some countries this has led to criticism, in which it is argued that this type of detention breaches the offender's human rights.[5] In countries with authoritarian systems of government, such measures may be politically motivated to stifle dissent.
Using technology for enforcement
In some countries, house arrest is often enforced through the use of technology products or services. One method is an electronic sensor locked to the offender's ankle (technically called an ankle monitor, commonly referred to as a tether.). If the subject and the sensor venture too far from the home, the violation is recorded and the proper authorities are summoned. To discourage tampering, many ankle monitors can now detect attempted removal. The monitoring service is often contracted out to private companies, which assign employees to electronically monitor many convicts simultaneously. If the sensors detect a violation, the monitoring service calls the convict's probation officer. The electronic surveillance together with frequent contact with their probation officer and checks by the security guards provides for a secure environment.
Another method of ensuring house arrest compliance is achieved through the use of automated calling services that require no human contact to check on the offender. Random calls are made to the residence and the respondent's answer is recorded and compared to the offenders voice pattern. Authorities are notified only if the call is not answered or if the recorded answer does not match the offenders voice pattern.
Electronic monitoring is considered a highly economical alternative to the cost of imprisoning offenders, especially considering that the convict is often required to pay for the monitoring as part of his or her sentence.
History
Judges have imposed sentences of home confinement, as an alternative to parole, as far back as the 1900s. But it did not become a widespread alternative to imprisonment until electronic monitoring devices made it inexpensive and easy to manage. The first-ever court sentence of house arrest with an electronic bracelet was in 1983.[6]
Notable instances
- Ahmed Ben Bella Former President of Algeria deposed by Houari Boumédiènne in 1965, went to exile in 1980.
- Aung San Suu Kyi, Pro-democracy activist, has been under house arrest for extended periods. She was placed under house arrest in July 1989 and was freed in July 1995. She is presently confined to her home in Rangoon yet again, under her 11th period of house arrest. Each of her eleven house arrests has been declared arbitrary by the UN's Working Group on Arbitrary Detention.
- Ne Win Former military commander of Burma. He was deposed in 1988 and put under house arrest in 2001.
- In January 5, 2005, former dictator Augusto Pinochet was placed under house arrest by orders of the Supreme Court of Chile.
- Zhao Ziyang, purged Communist Chinese leader, was put under house arrest for the last 16 years of his life after the Tiananmen Square protests of 1989. His movements had to be approved by the Communist Party of China's Central Office, which only allowed him to travel quietly to different places inside China and to play golf.
- Jiang Yanyong, physician who revealed SARS incident in China. He was put under house arrest after requesting the government to investigate the June 4 Tiananmen incident.
- Chang Hsueh-liang was put on house arrest by Chiang Kai-Shek after the Xi'an Incident. Even after the Nationalist's retreat to Taiwan, he remained in house arrest until Chiang's death in 1983.
- Ibn al-Haytham (Alhacen), Iraqi scientist working in Egypt. In 1011, he feigned madness in fear of angering the Egyptian caliph Al-Hakim bi-Amr Allah. He was kept under house arrest until the caliph's death in 1021.
- Muhammad Naguib, former President of Egypt. He led a military coup in 1953 and deposed the former King Farouk. He was in turn deposed by Gamal Nasser in 1954.
- The last Hawaiian queen Liliuokalani had her prison sentence commuted to imprisonment in an upstairs bedroom of Iolani Palace by the Republic of Hawaii until she was released in 1896.
- Sukarno, First President of Indonesia. He was deposed in 1967 by General Suharto (see: Transition to the New Order).
- Mohammed Mossadeq , Former Premier of Iran. Was deposed by coup in 1953 with support of the United States
- Grand Ayatollah Hossein-Ali Montazeri was sentenced to house arrest in 1997.
- Mordechai Vanunu , an Israeli whistleblower, is under house arrest for an indefinite amount of time since 2003.
- In Italy, the house arrest (in Italian arresti domiciliari) are a common practice of detention of suspects, alternative to detention in a correctional facility, and is also commonly practiced on those felons who are close to the end of their prison terms, or for those whose health condition do not allow their permanence in a correctional facility, except some particular cases of extremely dangerous persons. As for the article n°284 of the Italian Penal Procedure Code, the house arrests are imposed by a Judge, whom orders the suspect to stay confined in his house, home, residence, private property, or any other place of cure or assistance where he/she may be housed at the moment. When necessary, the Judge may also forbid any contact between the subject and any person other than those who cohabit with him/her or who assist him/her. If the subject is unable to take care of his/her life necessities or if he/she is in conditions of absolute poverty, the Judge may authorize him/her to leave his/her home for the strict necessary time to take care of said needs or to exercise a job. The Prosecuting authorities and Law Enforcement can check at any moment the factive respect of said orders by the subject, who's de facto considered in state of detention; violation of house arrest terms are immediately followed by transfer in a correctional facility. House arrests can not be applied to a subject that has been found guilty of escape within the previous five years.
- At sentencing the Judge can grant offenders who receive a short-term sentence (two years or less) leave to apply for home detention. This is called front-end home detention – i.e. it is applied for at the beginning of a sentence. If it is deferred by the Judge, an offender has two weeks to apply, during which time they will be granted bail. Offenders serving long-term sentences can apply for back-end home detention five months before their Parole Eligibility Date, though, if granted, they won’t be released until three months before their PED.
- Shehu Shagari, President of Nigeria was placed under house arrest on December 31 1983, following a military coup which ousted his government (see: Nigerian Second Republic).
- General Muhammadu Buhari, Military Head of State was confined to his residence following the palace coup which ejected him from office.
- MKO Abiola, was placed under house arrest after he declared himself the rightful winner of the 1993 presidential elections, against the wishes of the Ibrahim Babangida military junta. He was detained for five years till his death in 1998.[7]
- Zulfikar Ali Bhutto, Former Premier and President of Pakistan. He was deposed in 1977 in a military coup led by General Muhammad Zia-ul-Haq he was put to trial and hanged later in 1979.
- Imran Khan, former captain of Pakistan cricket team and chairman of Pakistan Tehreek-e-Insaf (PTI) (Movement for Justice) was placed under house arrest at the declaration of a state of emergency by General Pervaz Musharraf on November 3, 2007.
- Dr.Abdul Qadeer Khan,The Father of the Pakistani Nuclear device was also put under house arrest for a long time.Later,he was released from imprisonment in 2008 by the order of supreme court.Although,the order has not been fully acted upon,but he is legally out of under house arrest.
- Galileo Galilei was put under house arrest for his belief in Copernicus's theory of the sun in the middle of the universe and all the planets and stars revolving around it. He stayed under house arrest until 1642 when he died.
- Chia Thye Poh, former leftist Member of Parliament, was arrested without charges and held under detention without trial in 1966. 22 years later, he was released and placed under house arrest in a guardhouse on the resort island of Sentosa and made to pay the rent, on the pretext that he was now a "free" man.
- Bram Fischer, former South African Communist Party leader, was diagnosed with cancer while in prison and was placed under house arrest due to pressure from the anti-apartheid groups.
- Former Premier Nikita Khrushchev was placed under house arrest for the seven years before his death after being deposed in 1964.
- Habib Bourguiba, Former President of Tunisia. He was deposed in a military coup in 1987.
- Muhammad VIII al-Amin, former king of Tunisia, he was deposed in 1957 by Habib Bourguiba.
- Provision to detain terrorist suspects under house arrest without trial has been made possible by the controversial Prevention of Terrorism Act 2005.[8]
- William Calley, U.S. Army officer responsible for the My Lai massacre, served 3½ years of house arrest after presidential clemency instead of his original sentence of life imprisonment.
- Riddick Bowe, a former boxing champion, was sentenced to be under brief house arrest after being released from prison.
- Lionel Tate was sentenced under one-year house arrest under the terms of the plea bargain offered in January 2004.
- Martha Stewart was sentenced to five months of house arrest following her release from prison on March 4, 2005.
- Debra Lafave, a former middle-school teacher, was sentenced to house arrest on November 22, 2005 for having sex with a 14-year-old pupil.
- Paris Hilton, an heiress and socialite, was re-assigned to house arrest on June 7, 2007, but was ordered back to prison on June 8, 2007 to serve the remainder of her 45-day sentence for violating probation from a prior DUI conviction.
- Dr Dre, one of the founding fathers of gangsta rap and former member of the influential hip-hop group NWA, was sentenced to a house arrest after breaking the jaw of a record producer. He told VH1's Behind the Music, "The walls started to cave in on me."
- T.I., an American rapper and co-CEO of Grand Hustle Records was sentenced to house arrest after gun charges.
- Michael Vick, Former Atlanta Falcons quarterback, was "OK'd" for transition to home confinement from his federal incarceration on Feb 26, 2009
- Bernard Madoff after his Ponzi scheme was discovered, and $50 billion dollars went missing.
- Donte Stallworth, an NFL wide receiver, was sentenced on June 16, 2009 to two years house arrest for killing a pedestrian with his vehicle while driving intoxicated in Miami, Florida.
See also
House arrest in entertainment
References
- ^ a b Levinson, David. (2002). Encyclopedia of Crime and Punishment: Volumes I-IV. SAGE Publications. p. 859. ISBN 978-0761922582
- ^ Spohn, Cassia. (2008). How Do Judges Decide?: The Search for Fairness and Justice in Punishment. SAGE Publications Inc. p. 52. ISBN 978-1412961042
- ^ Mele, Christopher. (2005). Civil penalties, social consequences. Routledge. p. 139. ISBN 978-0415948234
- ^ Jupp, James; Nieuwenhuysen, John; Dawson, Emma. (2007). Social Cohesion in Australia. Cambridge University Press. p. 183. ISBN 978-0521709439
- ^ Q&A: Terrorism laws. BBC News Online. July 3, 2006
- ^ Juliet Lapidos (January 28, 2009). "You're Grounded!How do you qualify for house arrest?". Slate Magazine.
- ^ Background note: Nigeria. U.S. Department of State
- ^ Anti-terrorism law row rumbles on. BBC News Online. March 12, 2005