Recommended Citation
Mass Surveillance as Racialized Control, 71 UCLA L. Rev. 478 (2024).
Publication Date
2024
Abstract
This Article examines how the expanded use of pretrial GPS surveillance is radically changing the presumption of innocence by implicating punitive measures absent constitutional protections and amplifying the racial disparities in our criminal justice system. Largely viewed as a substitution for physical detention and therefore a less onerous intrusion on a defendant’s liberty, pretrial GPS surveillance erodes fundamental liberties under the guise of criminal justice regulation. These highly racialized but invisible repercussions include harms to physical and psychological health, freedom of movement, privacy, and future economic self-determination. I argue that, in light of these substantial harms, courts must examine how they evaluate technological surveillance, affording defendants substantive and procedural due process protections where there currently are none.
Document Type
Article
Publication Title
UCLA Law Review