Technological Incarceration and the End of the Prison Crisis

document/6027365/?reload=true. 161 See ONVIF Overview, ONVIF, http://www.onvif.org/ (last visited Jan. 6, 2017). 162 R. Adderley et al., MOSAIC: A Multi-modal Surveillance System to Enhance Situation Awareness and Decision Making, in HCI INTERNATIONAL 2014 POSTERS’ EXTENDED ABSTRACTS 141–46 (Constantine Stephanidis ed., 2014); COMMUNICATIONS IN COMPUTER & INFORMATION SCIENCE, (vol. 434) (2014); Dragos Datcu, et al., A Multimodal Workbench for Automatic Surveillance, INST. OF ELECTRICAL AND ELECTRONICS ENGINEERS INT’L CONF. (2004). 163 See, e.g., Ossama Abdel-Hamid et al., Convolutional Neural Networks for Speech Recognition, in IEEE/ACM TRANS. ON AUDIO, SPEECH & LANG. PROC. (Oct. 2014). 164 Iulia Lefter et al., Cross-Corpus Analysis for Acoustic Recognition of Negative Interactions, in INT’L CONF. ON AFFECTIVE COMPUTING & INTELLIGENT INTERACTION (2015); Iulia Lefter et al., Emotion recognition from speech by combining databases and fusion of classifiers, in TEXT, SPEECH & DIALOGUE 353–360 (Sojka, P., Hor ́ak, A., Kopeˇcek, I., Pala, K. eds., vol. 6231) (2010); Iulia Lefter et al., Recognizing Stress Using Semantics and Modulation of Speech and Gestures, in IEEE TRANS. ON AFFECTIVE COMPUTING (2016); W. Zajdel, et al., CASSANDRA: audio-video sensor fusion for aggression detection, PROC. IEEE CONF. ON ADVANCED VIDEO & SIGNAL BASED SURVEILLANCE 200–05 (2007). BAGARIC 1/27/18 2:19 PM 2017] TECHNOLOGICAL INCARCERATION 107 a prisoner is having a psychotic episode (from speech recognition and audio processing of a prisoner’s emotional states), is threatening another (from audio processing of the emotional states of all the people within the prisoner’s environment and video processing of the prisoner’s behavior), or is seeking to leave a designated zone (from GPS tracking). We are at the point that the automatic, technological monitoring of all prisoners is feasible. C. REMOTE IMMOBILIZATION OF OFFENDERS The electronic monitoring of offenders’ locations and computer surveillance of their actions proposed in this Article would provide superior scrutiny of offenders to conventional prison. In most prisons, offenders are not monitored continuously and are generally not monitored individually when they are in their cells or in parts of the prisons where large numbers of prisoners congregate, such as the exercise yard. The final component of technological incarceration, however, ensures better protection of other people from offenders than conventional prisons. Prison escapes do occasionally occur, and many violent acts are committed in prisons against other inmates and corrections staff. In sharp contrast, if implemented, the technological incarceration proposed here would prevent offenders from harming others. In the event that prisoners leave their designated areas or commit violent or unauthorized acts, a Conduct Energy Device (“CED”), such as a stun gun or a Taser, would be remotely activated to immobilize offenders. This part of our proposal guarantees enforcement. Prisoners will be remotely immobilized where electronic monitoring or computer surveillance indicates that they: (1) are leaving the geographical areas to which they have been confined; (2) have disabled, turned off, or removed their body cameras; or (3) are in the process of committing dangerous acts against others, including people who are residing with them. If the computer detects, for instance, that a prisoner is in a location that he or she is prohibited from entering or is 165 There are about 2,500 escapes annually. See supra Part II. 166 Studies show that that violence is a major hazard in jail, with a recent survey showing that over one-third of state prisoners reported injuries with causes ranging from accidents to intentional acts of violence. See generally H. E. Sung, Prevalence and Risk Factors of Violence-Related and Accident-Related Injuries Among State Prisoners, 16 J. CORRECTIONAL HEALTH CARE 178 (2010). Further, nearly one out of every twenty state and federal prisoners report being raped or sexually abused behind bars. US: Federal Statistics Show Widespread Prison Rape, HUMAN RIGHTS WATCH (Dec. 15, 2007), https://www.hrw.org/news/2007/12/15/ us-federal-statistics-show-widespread-prison-rape). 167 As determined by the electronic bracelet monitoring described in supra Part III.A. 168 As determined by the remote sensing described in supra Part III.B. BAGARIC 1/27/18 2:19 PM 108 BAGARIC, HUNTER & WOLF [Vol. 108 picking up an object to use as a weapon or his or her body camera has been deactivated, a CED would be remotely activated to shock the prisoner with volts of electricity that cause involuntary muscle contractions in and temporary incapacitation of the prisoner. Law enforcement officers would be summoned to investigate the breach of the conditions of technological incarceration. CEDs were developed by a NASA aerospace scientist, and the Taser was patented in 1974. CEDs are now widely used throughout the United States by more than 15,000 law enforcement and military agencies. Although there has been controversy regarding the use of CEDs, a comprehensive report prepared by the National Institute of Justice for the United States Department of Justice confirmed in 2011 that “while CED use is not risk-free, there is no medical evidence that shows a high risk of serious injury or death from the direct effects of CEDs.” The report found: Except for in Richland County where its effects were insignificant, CED use substantially decreased the likelihood of suspect injury. In Miami-Dade, the odds of a suspect being injured were almost 90 percent lower when a CED was used than when it was not. Similarly, the odds of suspect injury went down by almost 50 percent when CEDs were used in Seattle. The larger analysis of 12 agencies and more than 24,000 use-of-force cases showed the odds of suspect injury decreased by almost 60 percent when a CED was used. In Richland County, Seattle, and in the larger analysis, Taser use had no effect on officer injuries, while in Miami-Dade, officer injuries were less likely when a Taser was used. Controlling for other types of force and resistance, CED use significantly reduced the likelihood of injuries. CED adoption by the Orlando and Austin police departments reduced injuries to suspects and officers over time. Certain precautions can, however, be taken to reduce the risk of injuries from the use of CEDs, and we recommend that these precautions be adopted in technological incarceration. For instance, medical practitioners should assess offenders’ health and suggest a voltage of shock that is appropriate for their age, size, gender, physical characteristics, and health conditions. Offenders should not be shocked more than once on any one occasion, and 169 Police Use of Force, Tasers and Other Less-Lethal Weapons, U.S. DEP’T OF JUST., OFF. OF JUST. 1, 2 (May 2011), https://www.ncjrs.gov/pdffiles1/nij/232215.pdf. 170 Melissa Mann, Police History: How a NASA Scientist Invented the Taser, POLICEONE (Mar. 22, 2016), https://www.policeone.com/police-products/less-lethal/TASER/articles/ 164475006-Police-History-How-a-NASA-scientist-invented-the-TASER/. 171 Police Use of Force, Tasers and Other Less-Lethal Weapons, supra note 169, at 1. 172 Id. at 4, 14–15. 173 Id. at 14. 174 Id. at 15. BAGARIC 1/27/18 2:19 PM 2017] TECHNOLOGICAL INCARCERATION 109 CEDs should not be activated on pregnant women. In addition, CEDs should not be affixed to offenders’ chests to avoid causing cardiac arrest, or be close to their eyes to ensure they are not blinded by them. The Taser user manual suggests avoiding directing the shock at an individual’s “head, face, throat, chest, or groin.” We propose, therefore, to incorporate the remote CED into the electronic bracelet that is attached to the prisoner’s ankle and is used also for monitoring the prisoner’s location. The conventional manner of using CEDs effectively is to point the device at the target from a maximum of 4.6 meters away. There is, however, no obstacle to developing technology to activate CEDs remotely. As noted above, the operative unit could be installed in the electronic monitoring ankle bracelet that offenders in technological incarceration wear. If they attempt to escape, commit harmful acts, or disable or remove their body sensors, the computers monitoring the events will instantly activate the CEDs embedded in their ankle bracelets to administer the electric shock. This will incapacitate offenders until the arrival of law enforcement officers, whom the computer system will have alerted. Only two technologies are required to implement this feature of our proposal, and both of them are already commonplace. First, in order to ensure that prisoners do not move beyond their designated locations, the prisoners’ sensor systems would be fitted with a global navigation positioning locator. There are currently three different world-wide satellite positioning systems—the Navstar Global Positioning System (commonly called “GPS”), the Russian Global Navigation System (“GLONASS”), and Europe’s “Galileo”—with accuracy that ranges from ten or more yards, in the case of GPS, to a few feet for the more modern Galileo system. Our proposal does not require great accuracy, since prisoners can be confined to 175 Id. at 4, 6, 16. 176 George Arnett & Ami Sedghi, How Dangerous is the Use of Tasers?, GUARDIAN (Dec. 22, 2014), https://www.theguardian.com/news/datablog/2014/dec/22/how-dangerous-is-theuse-of-tasers. 177 Police Use of Force, Tasers and Other Less-Lethal Weapons, supra note 169, at 2. 178 Taser Pulse CEW, User Manual, TASER SELF DEFENSE PRODUCTS 11, available at https://buy.taser.com/content/PulseManual.pdf (last visited Dec. 2, 2016). 179 Id. at 12. 180 Xingxing Li et al., Accuracy and Reliability of Multi-GNSS Real-Time Precise Positioning: GPS, GLONASS, BeiDou, and Galileo, J. GEODESY 607, 607 (2015). Along with the three global systems, there are also three regional systems: China’s BeiDou, India’s Indian Regional Navigation Satellite System, and the Japanese Quasi-Zenith Satellite System. Id. 181 When it is fully functional, Galileo is projected to be accurate to a few centimetres. Dan Worth, EU’s Galileo satellite project: 7 fascinating facts about GPS-rival, V3 (May 27, 2016), http://www.v3.co.uk/v3-uk/news/2402259/7-fascinating-facts-about-eus-galileo