Tracking Microchips for Criminals

Tuesday, May 26th, 2009

Criminal attorneys and human rights advocates are caught up in a debate on how to administer justice to criminals without violating their human rights. They’re all aware of the Bill of Rights (Sixth Amendment) that states: “all those accused in criminal prosecutions shall enjoy the right to a public trial…..and have counsel assistance for his defense.”

However, the justice system is still grappling on what to do with repeat and violent offenders. This led to the suggestion of implanting microchips or radio frequency identification (RFID) tags in convicted criminals. This is in addition to using global positioning system (GPS) tracking devices.

GPS works together with aerial satellites, which are equipped with a receiver and transmitter. During the Cold War, it was invented by U.S. military to mobilize missiles and troops. When it was applied in law enforcement, officers were able to monitor a person’s movement 24 by 7. The subjects wear a removable PTU (personal tracking unit) and a non-removable ankle cuff (wireless) around the size of a huge wristwatch.

So instead of spending time in jail, the criminal attorney may accept a house arrest sentence with a GPS monitoring device. However, this would be an invasion of “the right to privacy and bodily integrity” as stated by the U.S. Supreme Court.

Tags: Bill of Rights, Cold War, criminal attorney, criminal attorneys, GPS, human rights advocates, PTU, RFID, Sixth Amendment
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The Art of Bail Reduction

Thursday, April 30th, 2009

If the defendant wants to be set free while waiting for the next hearing, he or she can post bail. This deposit money is a guarantee for the court that the defendant will return for the next hearing to retrieve his cash.

The amount of bail varies from person to person. For example, if the defendant is rich, then a small sum won’t be enough incentive for him to return.

Moreover, there are cases when the bail is too high for the defendant to give. In this case, a criminal defense attorney can help lower the amount of bail. This can be arranged on a separate hearing with the sole purpose of requesting bail reduction.

Criminal attorneys are knowledgeable in presenting facts to the court. All they need is to prove that their client does not have the intention or motive to run away. After this, the court will determine the bail amount. Take note that this amount may change if there’s a change in the defendant’s circumstances. However, the court will not allow the bail option if the defendant is considered a danger to society.

Aside from cash, a bond may also be an option to post bail. However, it may end up more expensive in the end because bond companies typically charge huge interest rates.

Tags: bail, bond, criminal attorneys, criminal defense attorney
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