What’s House Arrest?: Understanding the Concept and Controversies
House arrest, also known as judicial confinement or electronic monitoring (EM), is a lawful restriction on a person’s freedom, allowing them to remain in their own private residence or a designated containment area while serving a lesser sentence or under investigation or trial. This form of punishment or surveillance has significant implications for both the imprisoned individual and society as a whole.
What is house arrest?
House arrest is a sentence or supervisory measure that restricts an individual’s movement for a specific period, excluding them from engaging in day-to-day activities outside designated areas. This confinement can have various purposes:
- Restricting a person in a criminal case to assure their appearance in court throughout the trial or investigation and prevent them from fleeing. [1]
- As an alternative correctional measure, replacing stricter prison sentences or as pre-trial supervision.
- This can be combined with electronic monitoring (breathalyzers, bracelet, or anklet); GPS tracking; and routine check-ins with law enforcers.
- Example: A habitual offender may be placed in house arrest, with drug testing and electronic monitoring upon release.
- This can be combined with electronic monitoring (breathalyzers, bracelet, or anklet); GPS tracking; and routine check-ins with law enforcers.
Contents
Types and variations of house arrest
There are mainly two types of house arrests:
1.**Formal residence-based house arrest**:**
- A person enters their own residence, whether a home, apartment or condominium, as a fixed location.
- No movement outdoors is allowed without prior authorization.
- Example: A suspect wanted for questioning can be housed in a specific location provided by law enforcement, or a juvenile may be moved to a residence under correctional supervision.
2.**Movement-restricted house arrest within a designated area`:
- An individual needs to stay within a designated perimeter, which depends on the case or judgment.
- Freedom of move within this zone is permissible, but exceeding it (even slightly) may elicit *consequences.**
How does an individual end up under house arrest?
————————————————|
House arrest can result:
- As a disciplinary measure: Offenders experiencing behavioral issues in prison have their privileges reduced, one of which might be released to house arrest.
- Inmates subject to this treatment are supervised and monitored regularly.
. Pre-trial oversight: An accused person may be ordered* to house arrest from the start, ensuring consistent appearance in court and facilitating investigation.
+) In this scenario, any breaches^ of the arrangement may directly impact the court proceedings.^
. Alternative, less restrictive punishment: Considered as an alternative penalization for specific crimes – for instance, drug offences or property-related offenses — where imprisonment is deemed necessary but the person’s role in the society or special circumstances demand more leniation.
+) Home confinement is viewed as rehabilitative and an opportunity the individual to readjust the social bond, maintain custody, and resume normal societal interactions.
- Inmates subject to this treatment are supervised and monitored regularly.
- Extradition: When individual is extradited from prison in another jurisdiction, confinement in a residence can be an alternative to lengthy detention as they await their court-case in the foreign jurisdiction[^].
What are pros and cons of house arrests?
——————————————–%
Pros:
Incarceration alternatives reducing the financial and emotional difficulties associated with long distances and long sentences[, community rehabilitation]
- Less intrusive and can be more humane than traditional imprisonment
- Lower costs since the individual doesn’t draw resources from prison systems[/]
- Improved rehabilitation experiences and better connections with correctional programs and support workers
- Reduces community disturbance, maintaining social contacts and a normal lifestyle inside the residence
- Some argue it could help avoid recidivism, as it’s more personal and offers individualized instruction and counseling.
Limitations and risks::
