Foot Banding: Its Effects, and What It Fails to Accomplish
Electronic ankle monitors are becoming a popular tool in several German states to help enforce restraining orders and reduce reoffending by domestic violence and stalking suspects. The technology, which allows for real-time location tracking, is being implemented in Saxony, Hesse, and other federal states, following the "Spanish model."
These devices can act as a deterrent and facilitate quicker law enforcement response in cases of domestic violence or stalking, potentially reducing incidents. However, their effectiveness is not definitive, and the evidence is not always uniformly positive. For instance, tools supporting their use, such as risk assessment forms, have been criticized for poor identification of high-risk cases, which can limit their effectiveness in protecting victims.
The use of electronic monitoring raises concerns about privacy, due process, and proportionality. Monitors impose continuous surveillance and movement restrictions, which might infringe on the wearer's liberty rights even before a conviction or despite potential errors in risk assessment. The balance between protecting victims and safeguarding offenders' legal rights is delicate, and improper or excessive use may lead to challenges regarding fairness and potential stigmatization or social harm to the monitored individuals.
In Baden-Württemberg, 18,538 girls and women were abused by relatives, partners, or ex-partners last year, which equates to approximately 50 per day. The state is considering the use of electronic ankle monitors for potential violent offenders in response to domestic violence and stalking cases.
Jörg Kinzig, director of the Institute of Criminology at the University of Tübingen, expresses concerns about the ankle monitor's potential infringement on fundamental rights. He emphasizes that the obligation to wear an ankle monitor lies in the realm of prediction, not just for currently convicted criminals.
However, the ankle monitor is not considered a guaranteed solution. Hartmut Grassmuck, the White Ring's state chairman, views the ankle monitor as an important building block to reduce the risk of violence, but not a sole solution. He emphasizes the importance of other offers such as restraining orders, safe spaces, and counseling in preventing violence.
The SPD, Greens, CDU, and FDP have agreed to negotiate on changes to the police law that would allow for the use of electronic ankle monitors in such cases after the summer break. The CDU faction intends to align its state-level police law with the planned federal regulation on electronic ankle monitors.
An alternative model, based on the example of Spain, does not monitor fixed prohibited zones. Instead, the distance between the offender and the victim is crucial. Both the offender with the ankle monitor and the victim wear a GPS unit - if the offender with the ankle monitor intentionally or unintentionally approaches, the police are alerted, and the victim receives a warning. This model avoids the potential infringement on the offender's liberty rights by limiting the monitoring to situations where the offender poses a risk to the victim.
In conclusion, electronic ankle monitors can play a role in reducing domestic violence and stalking, but their success depends on accurate risk assessment and proper implementation. Further research and improvements in assessment tools, legal safeguards, and monitoring technology are needed to optimize their role within domestic violence and stalking case management.
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