Exercise 13

The defendant, who has no children, is arraigned on stalking charges pursuant to §30-3A-3(A)(2) for allegedly being parked directly in front of an elementary school on 60 consecutive school days watching the victim at the exact time she picked up her daughter. That pattern of surveillance is the only one stated in the criminal complaint. In setting conditions of release, the judge orders the defendant to remain at least 1000 feet away from the elementary school at all times. Another release condition requires the defendant to disconnect his home computer so he will not to have email access for contacting the victim. The defendant asks the court to reconsider this condition explaining that he needs his computer to conduct his e-bay auctions, the main source of his income.

How should the judge rule?

A. Deny the defendant's request because the computer-related condition of release is reasonable based on the need to protect the victim from other forms of stalking.

Answer A is incorrect. Under Rule 6-401(B)(1), one factor the court can consider in conditions of release is the safety of persons and the community, taking into account available information on the nature and circumstances of the offense charged. Thus, the judge's basic goal of enhancing the safety of the victim was proper. However, totally lacking was any information that the defendant had e-mailed the victim even once, much less repeatedly. Given the absence of such information, requiring the defendant to disconnect his computer is not a reasonable method of enhancing the victim's safety and it imposes an undue economic hardship on the defendant. The court could have instead imposed a condition of release requiring simply that the defendant refrain from any contact with the victim, either in-person or through the use of any means of communication. Please select another answer.

B. Grant the defendant's request because the computer-related condition is not reasonably related to the purposes served by conditions of release in this case.

Answer B is correct! Under Rule 6-401(B)(1), one factor the court can consider in conditions of release is the safety of persons and the community, taking into account available information on the nature and circumstances of the offense charged. Thus, the judge's basic goal of enhancing the safety of the victim was proper. However, totally lacking was any information that the defendant had e-mailed the victim even once, much less repeatedly. Given the absence of such information, requiring the defendant to disconnect his computer is not a reasonable method of enhancing the victim's safety and it imposes an undue economic hardship on defendant. The court could have instead imposed a condition of release requiring simply that the defendant refrain from any contact with the victim, either in-person or through the use of any means of communication.

C. Deny the defendant's request because limiting his electronic access to the outside world helps to ensure his appearance in court for future proceedings in the case.

Answer C is incorrect. Under Rule 6-401(B), one of the goals of conditions of release is to reasonably assure that the defendant will appear in court when required. Denying the defendant access to computer equipment is not a reasonable means of ensuring his appearance in court. Rather, it is unrelated to that goal and not tailored to the specific situation. The court could have instead imposed a condition of release requiring simply that the defendant refrain from any contact with the victim, either in-person or through the use of any means of communication. Please select another answer.