From an article quoted in “Congress, Courts & National News”:
GPS monitoring bracelets are not punishment…Oh, I’m sure they suck. They might chafe. They could cause blisters. They will cramp your style, keep you out of swimming pools, cause a funny-looking bulge in your nylons, spoil your suntan, tether you to a power source for an hour a day…They’ll subject you to derision -or worse. And they’re an enormous invasion of your privacy: someone will always know where you are, and if you take off the monitor, they’ll come after you…But a monitoring bracelet is not punishment, the (Wisconsin) state court of appeals says so.
“Per the factual stipulation a person subject to lifetime CPS must wear a 2.5 x 3.5 x 1.5- inch battery-powered tracking devise around his or her ankle for the rest of his or her life,” the court wrote. “It is a felony to tamper with the devise in any way…The devise can never be removed -even when showering, bathing, and sleeping- sometimes causing discomfort and blistering.”
For Abigail, a life-sentence of electronic parole monitoring with an ankle-tether/”bracelet” is a form of “cruel and unusual punishment” in that it’s completely unnecessary to protect anyone from anything. To repeat, Abigail is a first-offender convicted of a nonviolent and victimless and malum prohibitum felony that’s a legal act or at worst a misdemeanor in dozens of other nations, including European countries; she’s never committed a violent or other malum in se crime in her life and never will and is not a “threat to society” or to anyone nor even a danger to “re-offend” by having sex with another young man under age 16 or 18, depending on the age of consent in whatever state she resides in or visits after her release from prison.
The justification and rationale for this “cruel and unusual punishment,” in that it’s wholly gratuitous, is the absurd premise and illusion that’s she’s as deviant and dangerous, and as likely to re-offend, as a low-IQ male recidivist, probably with a history of crime that began at age 13 or 14, who violently raped an adult female or underage adolescent girl, or a pedophile who raped and/or molested prepubertal children, boys or girls, and who’s surely or likely to re-offend if not subjected to electronic parole-monitoring; that she’s predatory, possibly even violent, and driven by a perversion or “paraphilia” and the consequent desires and impulses that she can’t control and must be deterred by 40-60 years of electronic parole-monitoring until she dies in a house or apartment or hospital or nursing home or wherever.
The generic age of consent is 16 in Michigan. If her lover had been 16, just a few months or weeks older and she had not been his tutor or, apparently, a tutor at another high-school, their affair would have legal under Michigan law. But since he was 15, a few months and weeks short of the legal age, she was guilty of a felony with a maximum sentence of 25-year to life in prison and a lifetime of public sex offender registration and electronic parole-monitoring with an ankle-tether/”bracelet” that is conspicuous and cumbersome, causing not only acute embarrassment, profound humiliation, serious inconveniences, hostile encounters, but also blisters, chafing, cuts, abrasions, rashes; and that can never be removed, even while showering, bathing, sleeping, and having sex with a lover or spouse