Monday, July 27, 2015


From Paige Nichols -- 

Probation Condition Aimed at Reducing Out-of-Wedlock Children is Itself Illegitimate

Thought you'd heard it all when it comes to supervised-release conditions? In United States v. Harrisa district court judge in Kansas City, Missouri, sua sponte ordered the defendant not to engage in unprotected sex without probation's approval. Was Harris a sex case? Not even close. It was a gun case. But the judge heard that Mr. Harris had fathered ten "illegitimate" children with seven different women, and he wanted to fix what he saw as a "serious social problem." The Eighth Circuit vacated the condition, finding it unrelated to Mr. Harris's gun crime, unrelated to deterrence from future criminal conduct, and unrelated to Harris's correctional treatment.

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