House arrest
This article needs additional citations for verification. (May 2010) |
In
While house arrest can be applied to
History
Judges have imposed sentences of home confinement, as an alternative to prison, as far back as the 17th century.
This method did not become a widespread alternative to imprisonment in the United States and other western countries until the late 20th century, when newly designed electronic monitoring devices made it inexpensive and easy to manage by corrections authorities. Although Boston was using house arrest for a variety of arrangements, the first-ever court sentence of house arrest with an
Details
The examples and perspective in this section deal primarily with the United States and do not represent a worldwide view of the subject. (December 2020) |
Home detention is an alternative to
The terms of house arrest can differ, but most programs allow employed offenders to continue to work, and confine them to their residence only during non-working hours. Offenders are commonly allowed to leave their home for specific purposes; examples can include visits to the
The types of house arrest vary in severity according 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 requires an offender to remain at home at all times, apart from the above-mentioned exceptions. The most serious level of house arrest is "home incarceration", under which an offender is restricted to their residence 24 hours a day, 7 days a week, except for court-approved treatment programs, court appearances, and medical appointments.[2]
In some exceptional cases, it is possible for a person to be placed under house arrest without
Using technology for enforcement
In some countries, house arrest is enforced through the use of technology products or services. One method is an electronic sensor locked around the offender's ankle (technically called an
If the offender goes too far from their home, the violation is recorded, and the police will be notified. To discourage tampering, many ankle monitors detect attempted removal. The monitoring service is often contracted out to private companies, which assign employees to electronically monitor many convicts simultaneously. If a violation occurs the unit signals the office or officer in charge immediately, depending on the severity of the violation. The officer will either call or verify the participant's whereabouts.[8] The monitoring service notifies a 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. The respondent's answer is recorded and compared automatically to the offender's voice pattern. Authorities are notified only if the call is not answered or if the recorded answer does not match the offender's voice pattern.
Electronic monitoring is considered a highly economical alternative to the cost of imprisoning offenders. In many states or jurisdictions, the convict is often required to pay for the monitoring as part of his or her sentence.[citation needed]
Notable instances
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Algeria
- Houari Boumédiènnein 1965. He was held under house arrest before being exiled in 1980.
Argentina
- Jorge Videla, former dictator of Argentina(was held by house arrest only for a period)
Australia
- sex offenders.
Myanmar (Burma)
- The United Nations has declared all of her periods under house arrest as arbitrary and unjust. She was released on 13 November 2010.
- Ne Win, former military commander of Burma from 1962. He was believed to be behind the coup d'état of 1988 which officially deposed him. Following his son-in-law's effort to regain power, Ne Win was sentenced to house arrest in 2001, serving until he died in December 2002.
Cambodia
- Pol Pot, former Premier of Cambodia. He was placed under house arrest in 1998 by Ta Mok, a rival Khmer Rouge leader.
Chile
- On January 5, 2005, former dictator Augusto Pinochet was placed under house arrest by orders of the Supreme Court of Chile.
People's Republic of China (PRC)
The People's Republic of China continues to use
- Zhao Ziyang, purged General Secretary of the Chinese Communist Party, was put under house arrest for the last 16 years of his life after the 1989 Tiananmen Square protests and massacre. The Chinese Communist Party's Central Office approved all of his movements outside his home; he was restricted to quiet travel 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 1989 Tiananmen Square protests and massacre.
- Gendhun Choekyi Nyima, an alleged reincarnation or Tulku of the Gelug sect of Tibetan Buddhism was recognized by the present Dalai Lama. The Chinese took him into custody and sentenced him to house arrest.[11]
- Liu Xiaobo and his wife Liu Xia.
Republic of China (ROC)
- Zhang Xueliang, ordered by Chiang Kai-shek to be kept under house arrest after the Xi'an Incident in 1936. Even after the Nationalists' retreat to Taiwan, he remained in house arrest until Chiang Ching-kuo's death in 1988.
Egypt
- caliph Al-Hakim bi-Amr Allah. He was kept under house arrest until the caliph's death in 1021.
- Gamal Nasserin 1954 and placed under house arrest.
Hawaii
- The last Hawaiian queen Iolani Palaceuntil she was released in 1896.
Hong Kong
- The pro-democracy media tycoon High Court of Hong Kong pending trial for charges under the Hong Kong national security law. The conditions for his bail included a term prohibiting Lai from leaving his residence except going to police station and court. It implied that Lai was put under a de facto house arrest.[12]
Indonesia
- President of Indonesia. He was deposed in 1967 by General Suharto (see: Transition to the New Order).
- President of Indonesia, was placed under house arrest for his corruption charges in May 2000. However, he was freed due to health problems in September 2000.[13]
Iran
- Premier of Iran was deposed by coup in 1953 with support of the United States. Following three years of imprisonment, he was placed under house arrest until his death.[14]
- 2009 presidential elections. He has been under house arrest since February 2011.[citation needed]
- 2009 presidential election. He has been under house arrest since February 2011.[citation needed]
- Googoosh is a famous Iranian singer and actress. After the Iranian Revolution she was under a 21-year ban from performing and was assumed to be under house arrest for much of the time.
Italy
In Italy, house arrest (in Italian arresti domiciliari) is a common practice of
Notable cases:
- SS captain, condemned for war crimes (Ardeatine massacrein Rome on 24 March 1944, when 335 Italian civilians were killed by Nazi force of occupation) to life imprisonment in 1996, spent under house arrest for the last part of his life, from 1998 to 2013 (when he died age of 100).
- Adriano Sofri, journalist and former far left political leader, convicted in 1997 for the murder of Police Officer Luigi Calabresi (1972), spent under house arrest, for health reasons, the period between 2005 and 2012.
- Silvia Baraldini, activist of Black Liberation Army in the US (sentenced to 43 years by Federal Court under the Racketeer Influenced and Corrupt Organizations Act (RICO) for conspiring to commit two armed robberies, driving a secondary getaway car during the prison break of murder convict and fellow political activist Assata Shakur, and contempt of court), transferred to Italy in 1999, spent the sentence on house arrest from 2001 to 2006, for health reasons.
- Giovanni Scattone and Salvatore Ferraro, convicted for manslaughter of Marta Russo, spent a period of their sentence under house arrest and community service.
New Zealand
At sentencing, the judge may sentence an offender to home detention where they would otherwise receive a short-term prison sentence (i.e. two years or less). Home detention sentences range from 14 days and 12 months; offenders are confined to their approved residence 24 hours a day and may only leave with the permission of their probation officer.
Electronic monitoring equipment is extensively used by the
- death threats.[17]
Nigeria
- Nigerian Second Republic).
- General Muhammadu Buhari, Military Head of State was confined to his residence following the palace coup which ejected him from office.
- presidential elections, against the wishes of the Ibrahim Babangida military junta. He was detained for five years until his death in 1998.[18]
Pakistan
- Chief of Army Staff General Muhammad Zia-ul-Haq. Bhutto was put to trial and hanged later in 1979.
- Chairman of the Joint Chiefs of Staff Committee General Pervez Musharraf. Sharif was put in a forced trial, but due to foreign pressure exerted by Saudi Arabiaand the United States, Sharif was exiled to Saudi Arabia which narrowly spared his life to face the same fate as of Bhutto.
- Imran Khan, former captain of Pakistan cricket team and chairman of Pakistan Movement of Justice (PTI), was placed under house arrest at the declaration of a state of emergency by Chief of Army Staff General Pervez Musharraf on November 3, 2007.
- mass protest and Lawyers' Movement.
- Dr. Abdul Qadeer Khan, Pakistan's top scientist and founder of Pakistan's Gas-centrifuge program of the Pakistan's nuclear device was also put under house arrest for a long time by General Pervez Musharraf. Khan was forced to attend continuous military debriefings by Musharraf and was put in house arrest for a long time. Later, he was released from imprisonment in 2008 by the order of Islamabad High Court and the Supreme Court of Pakistan.
Catholic Church
- Galileo Galilei was put under house arrest for his advocacy for Copernicus's theory of the Sun in the middle of the universe and the Earth in motion about the Sun. He stayed under house arrest from 1634 until his death in 1642.
Singapore
- communist activities against the government, with the intention of causing a communist revolution. 22 years later, he was released and placed under house arrest for another nine years in a guardhouse on the resort island of Sentosaand made to pay the rent, on the pretext that he was now a "free" man. All restrictions were eventually lifted in 1998.
South Africa
House arrest was a common tool of the South African apartheid government, used to silence their opponents, along with banning orders.
- Helen Joseph was the first person put under house arrest, on 13 October 1962, and was not released until a cancer diagnosis in 1971.[19][20]
- Pretoria Local Prison after being sentenced to life for furthering Communism in apartheid-era South Africa, was released to be placed under house arrest due to pressure from the anti-apartheidgroups.
- Ahmed Kathrada ("Kathy")[19]
- Walter Sisulu[19]
- Winnie Mandela[21]
- Frances Baard[21]
- Robert Sobukwe
Soviet Union
- murdered them on 17 July 1918.
- Former Premier Nikita Khrushchev was placed under house arrest for the seven years before his death after being deposed in 1964.
- Academician 1991 Soviet coup d'état attempton August 19, 1991.
Tunisia
- President of Tunisia. He was deposed in a military coup in 1987 and held in house arrest.
- Muhammad VIII al-Amin, former king of Tunisia, was deposed in 1957 by Habib Bourguiba and restrained to house arrest.
United Kingdom
- The Prevention of Terrorism Act 2005 (repealed 2011) provided that suspected terrorists could be detained under house arrest without trial.[22] This was repealed on the grounds that it was a breach of the Human Rights Act 1998.
United States
- 6ix9ine, a rapper known for "Gummo", and Day69. He was released from his 2-year prison sentence for racketeering and drug trafficking, due to the COVID-19 pandemic, and was placed in house arrest until November 2020.
- Sami Al-Arian, a Professor and prominent advocate for human rights, named by Newsweek as a "premier civil rights activist" for his efforts to repeal the use of secret evidence in trials, was held under house arrest in Northern Virginia from 2008 until 2014 when federal prosecutors filed a motion to dismiss charges against him. Dr. Al-Arian had visited the White House several times, had met Bill and Hillary Clinton, and had met and campaigned for George W. Bush.
- William Calley, U.S. Army officer responsible for the My Lai massacre, served 3+1⁄2 years under house arrest when the president commuted his original sentence of life imprisonment.
- Dr. Dre (born Andre Romelle Young), one of the founding fathers of gangsta rap and former member of the influential hip-hop group N.W.A, was sentenced to house arrest after being convicted of assaulting a record producer.
- Rodney King, motorist who served a short sentence under house arrest for reckless driving.[23]
- lewd and lascivious battery" on a 14-year-old student.[24]
- Adrian Lamo, served six months under house arrest following his convictions for hacking into The New York Times and Microsoft.
- in his car.
- Lindsay Lohan in 2011, served house arrest for violating her probation.
- Bernard Madoff, after his investment scandalwas discovered, and $50 billion went missing.
- Paul Manafort, under house arrest awaiting trial for various charges related to the Special Counsel investigation into Donald Trump's presidential campaign. He was returned to jail on June 15, 2018, on suspicion of obstruction of justice and witness tampering.[25]
- John G. Rowland, former governor of Connecticut, spent four months under house arrest after serving 10 months in federal prison for corruption while in office.
- Jerry Sandusky, former college football coach, spent 10 months under house arrest during his sex abuse trial. He was placed on house arrest in December 2011 after he posted $250,000 bail on the sex abuse charges, because a judge ruled that he was too dangerous to be outside his home. Sandusky caused public concern, as his backyard bordered a school playground, and he was often seen on his back porch watching school kids play during break times, which many found inappropriate for a man who was awaiting trial on charges of abusing children.[26] Sandusky was convicted of the charges in June 2012, but remained on house arrest until his sentencing on October 9, 2012, when he was sentenced to a prison term of 30 to 60 years, a practical life sentence.[27] Sandusky was not given credit for the time he served under house arrest, meaning his earliest possible release date is exactly 30 years from the day of his sentencing.[28]
- Miami, Florida.
- Martha Stewart was sentenced to five months under house arrest following her release from prison on March 4, 2005.
- Riker's Island before his trial for sexual assault. Strauss-Kahn was released from house arrest on 1 July 2011.[29]
- Lionel Tate was sentenced to one year under house arrest under the terms of the plea bargain offered in January 2004.
- T.I. (born Clifford Joseph Harris), 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 approved for transition to home confinement from his federal incarceration on February 26, 2009.
- Norman Whitfield, former Motown producer and songwriter, was convicted in 2005 of tax evasion for failing to report more than $4 million worth of royalties to the Internal Revenue Service, fined $25,000 and sentenced to six months under house arrest in lieu of jail time because of health issues, including diabetes. Whitfield died of diabetes three years later.
- Tay-K (born Tamor McIntyre), an American rapper, was under house arrest, awaiting trial for capital murder and aggravated burglary charges. He cut off his ankle monitor and fled from his hometown of Arlington, Texas to Elizabeth, New Jersey. While a fugitive, he recorded his biggest hit single to date, "The Race", before his capture on June 30, 2017.[30]
- Austin Jones, American former YouTuber and singer placed on home confinement three days after he was arrested on June 12, 2017, for producing child pornography. As a part of his release, he was barred from using the Internet and social media while he awaits trial.
Yugoslavia
- NDHregime, was released to house arrest after five years.
In popular culture
Literature
Film
- Cherish (film)
- Disturbia (film)
- House Arrest (1996 film)
- The Nines
- 100 Feet
- Ant-Man and the Wasp
- Tower Heist
Television
- Goode Behavior (TV series)
- The Sopranos – "House Arrest" episode
- Family Guy – "Mind Over Murder" episode
- Shameless (American TV series) – multiple episodes (season 4)
- American Vandal
- 24 (season 6) – former US President Charles Logan
- White Collar (TV series)
See also
References
- ^ Juliet Lapidos (January 28, 2009). "You're Grounded! How do you qualify for house arrest?". Slate Magazine.
- ^ ISBN 978-0-7619-2258-2
- ISBN 978-1-4129-6104-2
- ^ Karen Freifeld, Chris Dolmetsch and Don Jeffrey (20 May 2011). "Strauss-Kahn May Have Spent Last Night in Jail After Bail". Bloomberg.com.
- ISBN 978-0-415-94823-4
- ISBN 978-0-521-70943-9
- ^ "Q&A: Terrorism laws". BBC News Online. July 3, 2006
- ^ http://www.digitaltechnologies-2000.com/?page_id=459[permanent dead link]
- ^ Marshall, Andrew (2009-08-11). "Burma Court Finds Aung San Suu Kyi Guilty". TIME. Archived from the original on August 14, 2009. Retrieved 2010-11-15.
- ^ Tatlow, Didi Kirsten (March 9, 2011). "Out of Jail in China, but Not Free". The New York Times.
- ISBN 978-0-316-85988-2.
- ^ "National security law: prosecutors lose bid to overturn HK$10 million bail granted to Jimmy Lai, who is placed under house arrest". South China Morning Post. 23 December 2020.
- ^ Mydans, Seth (30 May 2000). "Suharto Under House Arrest During Corruption Inquiry". The New York Times. Retrieved 5 January 2020.
- ^ Eccentric Nationalist Begets Strange History, The New York Times 7 December 2009.
- ^ "Iran releases dissident cleric". BBC News. 2003-01-30. Retrieved 2007-06-08.
- ^ "Dissident Ayatollah Demands Iran's Rulers Be Elected". FOX News. Associated Press. 2003-09-17. Archived from the original on 2007-05-30. Retrieved 2007-06-08.
- ^ "AC/DC's Phil Rudd Sentenced to House Detention for Eight Months". Us Weekly. 9 July 2015.
- ^ Background note: Nigeria. U.S. Department of State
- ^ a b c Joseph, Helen (1986). "Chapter XV - House arrest". Side by Side. Morrow. Retrieved 17 July 2019.
{{cite book}}
:|website=
ignored (help) - ^ Saunders, Blair Dickman (2011). Conflict of Color: White Activists in the SouthAfrican Anti-Apartheid Movement (Thesis). Undergraduate honors thesis. Retrieved 17 July 2019.
- ^ a b "Banned People in Apartheid-era South Africa". South Africa: Overcoming apartheid, building democracy. Retrieved 17 July 2019.
- ^ "Anti-terrorism law row rumbles on". BBC News Online. March 12, 2005
- ^ "Rodney King Gets House Arrest for Reckless Driving". NBC News. Retrieved 6 May 2014.
- ^ "CNN.com - Guilty of sex with student, teacher avoids prison - Nov 23, 2005". edition.cnn.com. Retrieved 2023-06-23.
- ^ LaFraniere, Sharon (15 June 2018). "Judge Orders Manafort Jailed Before Trial, Citing New Obstruction Charges". The New York Times. Retrieved 2018-06-15.
- ^ "Jerry Sandusky heads back to court to resolve juror dispute and bail conditions". CBS News. 10 February 2012.
- ^ "Jerry Sandusky gets 30-60 years for molesting boys". 9 October 2012.
- ^ "Inmate/Parolee Locator".
- ^ "Ex-IMF head Dominique Strauss-Kahn freed without bail". BBC News. 1 July 2011. Retrieved 1 July 2011.
- ^ Coscarelli, Joe (22 August 2017). "Tay-K Was a 17-Year-Old 'Violent Fugitive.' then His Song Went Viral". The New York Times.