Re:Chicago is tracking kids with GPS monitors that can recor...
by dragonwriter on Monday April 08, 2019 @05:40PM
(#19609312)
> I'm reminding the people commenting here that these "children" are being punished specifically because they have done things of real consequence that have negatively impacted society.
If this was a punishment for an offense, it would be unconstitutional as a violation of the right to trial.
If it is a condition of pre-trial release, it is would appear to be unconstitutional as a violation of due process, because this appears to be an arbitrary executive substitution of equipment with substantially different function, not part of the terms imposed by the court.
> The alternative is juvenile detention.
No, the alternative is pretrial release with GPS monitoring without audio surveillance as they were apparently actually assigned and as was done before the switch of equipment.
> But no, keep going on with the out of touch "awww, those poor innocent angels" crap.
I don't think anyone here has suggested that the children involved are categorically substantively innocent, though as this is pretrial monitoring they are categorically legally presumed innocent.
If this was a punishment for an offense, it would be unconstitutional as a violation of the right to trial.
If it is a condition of pre-trial release, it is would appear to be unconstitutional as a violation of due process, because this appears to be an arbitrary executive substitution of equipment with substantially different function, not part of the terms imposed by the court.
> The alternative is juvenile detention.
No, the alternative is pretrial release with GPS monitoring without audio surveillance as they were apparently actually assigned and as was done before the switch of equipment.
> But no, keep going on with the out of touch "awww, those poor innocent angels" crap.
I don't think anyone here has suggested that the children involved are categorically substantively innocent, though as this is pretrial monitoring they are categorically legally presumed innocent.