This paper introduces various systems and practices related to location information verification as a method of electronic surveillance of criminals in the United States. The United States is the first country in the world to introduce remote monitoring (collectively called ‘Electronic Monitoring’) using various telecommunication technologies to manage criminal location information, etc., and its operation performance is also the largest in the world. As is well known, the United States adopts a federal system, and the legal system or system differs greatly depending on each jurisdiction, so there are various differences in the use of the technology in each jurisdiction. For this reason, it is not easy to grasp and describe the overall image. Therefore, in this paper, after an overview of the history and current status of the location information verification system in the United States, it introduces representative state-related practices at the state level with a large implementation scale and a long history of implementation along with federal practices, and discusses issues in related precedents. In addition, various reports have been made on the use of electronic surveillance systems and technologies in the United States, and useful explanations are provided on the response to sex offenders in the United States.
The United States is a federal state composed of 50 states, the District of Columbia (Washington D.C.) and federal territories (Guam, Puerto Rico, etc.). Political powers are exercised in the Federation by the President and Cabinet of the United States, and by the Governors and State Governments respectively. Each state has a high degree of autonomy and has its own legal system, including the state constitution. Federal legislative bodies may make federal laws that have effect throughout the state, but are limited to those areas recognized as federal powers by the United States Constitution. In a very broad sense, the criminal justice system of the United States is governed by federal laws and regulations for all matters in the United States, and state laws for matters within each state. Most criminal cases are prosecuted within the state under each state’s laws, but in principle, federal law applies to certain cross-subject offenses (e.g., drug smuggling) or crimes in Native American reserves. Regarding the operation of the criminal justice system, the complexity unique to the United States is recognized for the overall criminal justice process.
The correctional protection system is also operated by an independent federal and state organization, so various departments within the state are in charge of the treatment of pending defendants and convicted criminals. In terms of treatment in facilities, the first system operated by the military or city, in principle, is in charge of treatment of inmates with imprisonment for less than one year due to pending detention and misdemeanors, and the main prison is in charge of treatment of prisoners with imprisonment for more than one year. In addition, in the Federation, correctional facilities under the jurisdiction of the Federation exist independently. Similarly, in terms of treatment in society, the federal and state are treated independently. Based on such basic information, the due process of the electronic surveillance system under the federal constitution was discussed.