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Should GPS Tracking Be Permitted For Non-Violators of Restraining Orders?

Gov. Scott Walker has proposed $3 million for grants to execute GPS tracking of certain people considered dangerous who have not yet violated a restraining order against them.

 

Gov. Scott Walker announced a plan to budget $3 million for grants to “allow GPS monitoring of certain dangerous individuals receiving first-time restraining orders.”

Last April, Walker signed “Cindy’s Law,” which allows courts to institute GPS monitoring for restraining order violators. The new plan would allow people deemed especially dangerous to be tracked by GPS before violating the order.

Relatives of a victim from last year’s Azana Spa Shooting in Brookfield have been pushing for tougher laws.

Is it right that people who haven’t violated an order should have their whereabouts tracked electronically? And should the state provide grants to make it happen? Vote in our poll and discuss in the comments.

  • Should GPS tracked be permitted for non-violators of restraining orders?

    (Voting has been closed for this question)
    • Yes
        15 (50%)
    • No
        15 (50%)
    Total votes: 30
  • Your vote will only count once. This is not a scientific poll. View Results Vote!
Related Topics: Azana Spa Shooting, Domestic Violence, Gov. Scott Walker, and Patch Poll

Nuitari

12:07 pm on Saturday, February 16, 2013

We can always have drones fly around watching them.

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jbw

12:47 pm on Saturday, February 16, 2013

Would GPS tracking data have prevented this guy from suicide attacking his wife's workplace? It may help raise the law enforcement budget and collect some addiitonal fines for violations, but will it do anything to improve public safety?

I know someone who had one of those ankle tracking devices and the thing set off false alarms several times while he was sitting at home. It took more than an hour after confirming a false alarm before it's siren was reset, much to the annoyance of everyone in the neighborhood. Not really an effective use of resources.

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Randy1949

11:16 am on Sunday, February 17, 2013

It might not have prevented the attack, but it would have reassured a lot of folks in the area who were initially told that an armed and dangerous suspect had fled the scene. He was actually lying dead in a closet.

Also, if the GPS had been set to alert the police when the wearer approached the place where the wife was known to be, there might have been a more rapid response, with some lives saved.

But I'm not comfortable doing this to people who have not yet been convicted of any crime.

MFIndian

1:13 pm on Saturday, February 16, 2013

So a bracelet will let police/corrections know the person is in a place they shouldn't be. Great, there's still the problem of Law Enforcement needing to be notified and then responding. So the person will have anywhere from 3-6 minutes to do what they want. Sounds like a lefty plan, all "feel good" but in the end won't stop a person from commiting a crime.

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Really?

1:55 pm on Saturday, February 16, 2013

MFIndian - if this is a "lefty plan" as you suggest why is the "righty" governor of our state proposing it? Just wondering...

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MFIndian

2:59 pm on Saturday, February 16, 2013

You are correct. I have no idea why he is doing this. Quite irritating......

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Schaeffer

10:33 pm on Sunday, February 17, 2013

So, you are saying Governor Walker is a "Lefty?" I am sure that would come as a surprise to him and the hundreds of thousands of Republicans and Tea Partiers who voted for him. Twice.

Mr Lundt

2:20 pm on Saturday, February 16, 2013

This is unenforceable window dressing and will do NOTHING to help.

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sparky

2:54 pm on Saturday, February 16, 2013

Wouldn't both parties need to wear one? If the order says to not come in contact or within so many feet with the other, and the other is shopping at Mafair the restrainee must keep his or her distance.

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jasonh000

3:08 pm on Saturday, February 16, 2013

restraining orders do nothing right now. if the person is caught they get another charge tacked on. it does NOT protect anybody or prevent crimes.

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NObama 2012

3:45 pm on Saturday, February 16, 2013

Are there enough GPS bracelets? How many people voted for Obama this last time around?

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David Tatarowicz

4:54 pm on Saturday, February 16, 2013

The worse case scenario is the situation at the Azana Spa shooting in which those women were killed. But the killer was already known to the Brown Deer police and they had a few times in which they could have arrested him, but choose not to do so, probably in violation of the Domestic Violence Laws, already on the books.

I don't understand how bracelets could be put on someone who has not been convicted of a crime --- or even charged of a crime.

Anybody can file for a TRO --- and unfortunately they are all too often used by spouses who are trying to get back at the other, or set up some precedent for an upcoming custody dispute.

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Lyle Ruble

5:48 pm on Saturday, February 16, 2013

I think that to force a GPS tracking bracelet on someone who has yet to commit an offense is not only a bad idea, but probably unconstitutional. If after the initial order it is violated, then that would be the time to order the bracelet. The violation would clearly indicate cause. If someone is going to commit violence against another, then a restraining order is not a deterrent.

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patchreader 123

7:16 pm on Saturday, February 16, 2013

Agreed. Nor should we have pre-conviction DNA blood draws. Nor should we have domestic drones in our skies. Nor should we have the decision to kill U.S. citizens, both domestic and abroad without due process.

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Lyle Ruble

7:20 pm on Saturday, February 16, 2013

@patchreader 123....For once we are in total agreement.

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Marty

7:49 am on Sunday, February 17, 2013

I agree Lyle. This is a bad idea.

See? There can be bipartisan cooperation! :)

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David Tatarowicz

1:34 pm on Sunday, February 17, 2013

@Lyle and Patchreader 123 ............ Count me in --- I agree with all that, plus we shouldn't have warrantless searches, suspension of habeas corpus, people committed to life imprisonment in mental hospitals after they served their prison sentences, and people held forever with no charges against them or access to legal counsel -- be it in CONUS or Guantanamo

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Laurie Czerwinski

8:10 pm on Thursday, February 21, 2013

They won't be granted a restraining order without sfficient proof or fact.

Randy1949

8:15 pm on Saturday, February 16, 2013

I think it would only be fair if the person who took out the restraining order wore a device as well that would go off if the other person came within a specified distance. That would serve as early warning.

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pupdog1

8:31 pm on Saturday, February 16, 2013

Obviously this would be meaningless in practical terms unless the would-be victim was also being tracked. Otherwise you could not prove a violation for being too close.

So why do this?

I notice that all of these schemes, which sound like lost chapters from "1984," involve complex, expensive private sector equipment that must be purchased and maintained with taxpayer funds, with extra personnel to work with it. Bigger government budgets, more staff, and more under-the-table action from the manufacturers kicking back to the buyers. Great idea. Ask Michael Chertoff.

Oh, and then there's that pesky Constitution, which Obama does not seem to have actually read.

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David Tatarowicz

1:36 pm on Sunday, February 17, 2013

@Pupdog1 ---- LOL --- this tracking scheme is being proposed by Tea Party Walker --- not Obama !!!

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pupdog1

1:05 am on Tuesday, February 19, 2013

@David ---- LOL --- You actually think there is a difference.

Mr Lundt

9:31 pm on Saturday, February 16, 2013

Let's say the Azana shooter had the GPS monitor... What would have changed?

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C. Sanders

10:56 pm on Saturday, February 16, 2013

Obama can kill Americans with drones, and the libs are worried to "allow GPS monitoring of certain dangerous individuals receiving first-time restraining orders.”

What a bunch of hypocrites.

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David Tatarowicz

1:38 pm on Sunday, February 17, 2013

@ C. Sanders I think a lot of people from both sides and all sides are concerned about the drone executions --- we need laws to regulate how they are used --- it is too much power in the Executive Branch and needs to have the Judiciary involved in some way before a death sentence is carried out.

Steve ®

1:01 am on Sunday, February 17, 2013

Libs are worried about 30 rd magazines and black guns but ignore drones klling American citizens. Yet are worried about GPS tracking of criminals? Strange world we live in.

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C. Sanders

8:24 am on Sunday, February 17, 2013

Oddly enough, jobs and the economy remain off the lib agenda unless the protest of the week is about union busting somewhere in the Nation knee-jerks them to "focus on jobs".

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David Tatarowicz

1:46 pm on Sunday, February 17, 2013

@Steve I am very concerned about drones and the way we are killing people and Many Civilians with the use of them --- and then we wonder why some people hate use when we took out half their family with a missile from the sky aimed at someone close by --- and I support the 2nd amendment and the right to bear arms --- and I think our right to bear arms would not be impeded by a sensible restriction on the amount of rounds in a magazine --- for both civilians and police.

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Steve ®

6:27 pm on Sunday, February 17, 2013

Just because you and Obama insert the word "sensible" does not make it so.

Good luck:

http://www.youtube.com/watch?v=XKAaO26FAvA

Michael in the middle

2:19 am on Sunday, February 17, 2013

It might be a good idea BUT I think the person that is ordered to wear it should pick up the tap for it NOT me (the tax payer) who has nothing to do with why these people have to wear it.
Just a thought..

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David Tatarowicz

1:49 pm on Sunday, February 17, 2013

@Michael When someone files a TRO against you that is totally unjustified, with no criminal charges filed against you --- you would be happy to pay for it too -- not to mention your rights being violated ?

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C. Sanders

3:58 pm on Sunday, February 17, 2013

@David .. a TRO is a short term pre-trial injunction that is decided upon by a judge after a hearing. There is no violation of rights, as you suggest, and a TRO is NOT unjustified because it is a legal outcome. @Michael's suggestion therefore has merit.

John Wilson

10:28 am on Sunday, February 17, 2013

Gov. Walker is spot on with this proposal.

In keeping with our philosophy of a smaller government, a less intrusive government, a fiscally conservative government, this is definitely both the proposal, and the direction we should be headed.

I anxiously await the day when my taxpayer money may be spent on a GPS chip for every citizen in America; perhaps, we could get a proposal from Gov. Walker to implant every newborn child in the state with a GPS chip.

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Garden Diva

12:07 pm on Sunday, February 17, 2013

Tommy Thompson beat you to the implanted chips a long time ago. Was intended for health info, but who else knows what else could be there.
http://www.huffingtonpost.com/2011/05/17/tommy-thompson-wanted-to-implant-chips_n_863200.html

Tim Selerski

10:59 am on Sunday, February 17, 2013

We'd be better off issuing a firearm along with some training to the threatened person/persons....

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Tim Selerski

11:01 am on Sunday, February 17, 2013

The "device" should be worn by the victim, and it's called a gun.

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Daniel S.

11:12 am on Sunday, February 17, 2013

Yes, wait till they violate the restraining order before you track them; makes perfect sense, or does it? It might make sense to those who would be required to wear them, who want to violate the restraining order. I wonder what those who initiate the order feel about that? After you are beat up, dead or a child has been kidnapped, it's a little late; Don't Ya Think? I am not quite understanding where some people are coming from. They want to take away guns from Honest, Responsible People, and let what appear to be violent people run around Freely. A recipe for certain disaster, against the Good, Honest, Responsible people in most cases : (

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Dave Koven

1:03 pm on Sunday, February 17, 2013

This sounds like "Big Brother". Let's at least wait until the person does something wrong, and then respond appropriately. Wearing a surveillance device will not stop someone who is "hell-bent" on harming someone.

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Muskego Mom

2:12 pm on Sunday, February 17, 2013

FYI you cannot get a restraining order against someone unless something has happened and a judge is the one who hears the circumstances from each party and witnesses(if there are any) and decides if a restraining order is needed. It's not like someone can just walk in to the courthouse and demand a restraining order. Paperwork is filled out by the party wanting the order. The judge sees the paperwork and decides if there is enough evidence for a temporary order. If the judge decides to order the temporary order, then there is a court date set where both parties can attend to give their side of the story. Believe me.....a person who has had to get a restraining order against a person......even though you have that order it doesn't mean you are safe. I have had to constantly look over my shoulder. I never leave my home unless I tell someone where I'm going. I have to make sure my kids are safe at all times. It is not a nice way of living at all. Would the GPS system work for this problem? I'm not sure. I would gladly wear a braclet myself to make sure that the person is not around me hiding in a crowd. I do believe that the person the restraining order is against should have to pay for the braclet and the monitoring of it. I would gladly pay for my own without any hesitation. It would be so nice to be able to go to the store, a game, a park, etc. without fear.

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Jane

2:54 pm on Sunday, February 17, 2013

Would Judge Prosser have to recuse himself if this came up before the Wisconsin Supreme Court?

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J. Wright

5:40 pm on Sunday, February 17, 2013

Aren't they "ALL NON-VIOLATORS"......that is until they violate the conditions for which they are wearing the GPS in the first place? Then it's probably too late.

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gail

8:24 pm on Sunday, February 17, 2013

Wow I have a restraining order against me and I would never try to violate it reasons is because my boyfriends ex is a phyco path and she would tell me nasty things and once even brought ppl to jump me an how did she get this res. against ME when she or was her intentions. She has came to my house I've called the police and you kno what they said? That since she has the res. on me that I have to let her but I can't go to her house the law is stupid this should be the other way around. Some people should have more evidence. Good thing it expires in 2015 because I want to meet y stepdaughter and I'm sure my b.f misses his daughter not fair that he doesn't get to see his daughter all because he made a mistake of even letting her have the blessing of having his child but w.e we all make mistakes but hers is one that I may not even be able to forgive

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gail

8:27 pm on Sunday, February 17, 2013

This is a nice idea but this better pertain to huge issues cause if I am ordered to wear one I would rather croak then let someone stalk me when they lied their way to getting a res.order against me this law system it so messed up

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Schaeffer

10:36 pm on Sunday, February 17, 2013

I know that Republicans like to claim they are against government intrusion into people's lives. Except, of course, when they want to.

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Lisbon Mom

10:58 pm on Sunday, February 17, 2013

I am opposed to this new plan. While I sympathize with victims of violence, I also believe in our Constitution which states you are innocent of a crime until proven guilty. A restraining order is not proof of crime, only a court order. Therefore, people who do not violate should not be treated the same as people who have violated and have commited a crime. Also, who would monitor all of these GPS devices? The police? I doubt they have the manpower, and how would they know where the petitioner was at all times? They might know their home and work addresses but if the respondent tracks the petitioner down at the mall or the library, how would GPS help the petitioner unless they were wearing a device to track their location? This is feel-good legislation that does no good.

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MFIndian

11:58 pm on Sunday, February 17, 2013

The act states only those who have violated a TRO or injunction, and have been convicted are then candidates for a GPS bracelet. It also reads that gps info will be avail to those monitoring, which means corrections will be notified via an alert of the violator entering an exclusion zone. So then corrections will have to call law enforcement to respond. What does this all mean? Well for those who have home security you already know, an average of 5-10 minutes before police arrive. Sorry, but except for columbine, most active shooter incidents were over by that time.

So what really is this act? Its a feel good solution that won't do anything to make you safe. Sorry, but it is a typical lefty response and Shame on our righty gov for signing this and wasting 3 mil of tax payer money.

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John Wilson

9:33 am on Monday, February 18, 2013

MFIndian –

The article on the Patch clearly states the following:

“Gov. Scott Walker has proposed $3 million for grants to execute GPS tracking of certain people considered dangerous WHO HAVE NOT YET VIOLATED A RESTRAINING ORDER against them.” [MY CAPS]

You state “"The act states only those who have violated a TRO or injunction, and have been convicted are then candidates for a GPS bracelet. It also reads that gps info will be avail to those monitoring, which means corrections will be notified via an alert of the violator entering an exclusion zone.”

There is a clearly discernible difference here, and although the Patch does not provide a great deal of specifics, it does clearly state, WHO HAVE NOT YET VIOLATED A RESTRAINING ORDER against them.”

May I inquire just where you obtained your information?

If you could provide a web site or some source that I might investigate, that would be very helpful.

MFIndian

10:05 am on Monday, February 18, 2013

Read "Cindys Law" 2011 WI Act 266, which is highlighted in the article above. Yes in this article he is proposing an extension to this act.

IF you want to see GPS miss-use and all its epic failure, look no further than WI Dept of corrections use of GPS monitoring on P&P violators. Again, my point is, those that want to break the law, will do so when they want regardless of the bracelet.

THe answer to this is not what people want to hear. Petitioners must take responsibility in protecting themselves and to rely on the police not as their saviors, but as a support structure. Petitioners must have some sort of plan, weather its an escape and evade, family and friends or some sort of personal protection. But to sit and wait for a violator to enter an exclusion zone, then wait for the bracelet to send an alert to P&P who then must identify what jurisdiction the violation is occurring, locate a phone number then call the proper police dept, relay the info, then have an officer dispatched to the call which may take several more minutes to respond....sorry, but it is too late by then, and another Azana salon disaster has occurred.

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John Wilson

1:06 pm on Monday, February 18, 2013

MFIndian –

“Read "Cindys Law" 2011 WI Act 266, which is highlighted in the article above. Yes in this article he is proposing an extension to this act.”

A “proposal” is not a law. Currently, making an individual wear a GPS device, before any conviction, simply is not the law. You stated that it was.

This current beloved proposal is part of a $14M budget package: $3M GPS, $6M DNA and an additional $5M package to make Wisconsin’s Police Departments more effective, efficient and robust. The current GPS proposal and all the rest will go to the legislature on February 20, 2013, and they will begin debate, details will be worked out and finally voted on in June 2013. Whatever passes, Gov. Walker will sign.

If there are any Constitutional challenges, in Wisconsin or any of the other 25-states that already have this GPS law on the books, I am not aware of them.

These new laws will certainly be a “Job Creator” as we will need additional police, monitoring systems, manufacturing of new GPS bracelets, new software and redundant support systems to keep these state-of-the-art surveillance, monitoring and data collection systems functioning efficiently and effectively to assist in protecting our citizenry.

We do need to get closer to the 250,000 new jobs that Gov. Walker promised in his first term; thus far we only have 41k.

http://www.fox11online.com/dpp/news/wisconsin/gov-scott-walker-to-propose-gps-monitoring-dna-collection-in-2013-15-state-budget

John Wilson

1:22 pm on Monday, February 18, 2013

MFIndian –

To be very clear and fair…

"Assembly Bill 175/Senate Bill 104 —Cindy’s Law. WCADV supported this bill because it provides an effective tool for the enforcement of restraining orders. The bill allows courts to institute GPS monitoring of restraining order violators. It was signed into law as 2011 Wisconsin Act 266 and takes effect April 24, 2012"

To Wit: "The bill allows courts to institute GPS monitoring of RESTRAINING ORDER VIOLATORS..." [MY CAPS]

Hence, it simply does NOT pertain to anyone who has NOT VIOLATED A RESTRAINING ORDER...

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MFIndian

2:47 pm on Monday, February 18, 2013

Thanks once again John for proving my point regarding act 266. are you actually going to debate me regarding how useless gps monitoring truely is? or are you going to keep spitting out what the act and proposal say in an attempt to sound good?

MFIndian

1:56 pm on Monday, February 18, 2013

2011 Act 266 "cindys law" was signed into law iand went into effect on April 24th last year.

Wow a whole 5 mil to make PD's more robust? On average, that means 50-60 cops to fill depts statewide. Boy that will really fill the budget cuts and layoffs to PD's within the last 4-5 years. Don't forget Milw PD alone is still down around 175-200 officers. I have no doubt that this NEW proposal will create some jobs.....

Your missing the point on the GPS monitoring. It only works if the person follows the law. GPS monitoring WILL NOT and HAS NOT stopped those already on it now (those on probation) from violating the restrictions or cutting them off altogether. P&P and the police are reactionary to these types of violations. Hence, no matter how state of the art new GPS systems might be, they still need to alert P&P, who needs to call the police, who again will be reacting to an event already occurring. end result, you haven't prevented or stopped anything.

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John Wilson

2:42 pm on Monday, February 18, 2013

MFIndian -

"Your missing the point on the GPS monitoring. It only works if the person follows the law. GPS monitoring WILL NOT and HAS NOT stopped those already on it now (those on probation) from violating the restrictions or cutting them off altogether. P&P and the police are reactionary to these types of violations. Hence, no matter how state of the art new GPS systems might be, they still need to alert P&P, who needs to call the police, who again will be reacting to an event already occurring. end result, you haven't prevented or stopped anything."

No, I am not missing THAT point at all, in fact, I do agree with you. TROs rarely work, and when they do, it is only with relatively normal people, who have good impulse control and just find themselves in a divorce situation where one spouse is using the TRO for custody or support advantage or the situation of the TRO is an once-in-a-lifetime incident.

Many people take the TRO as a threat to their freedom, "No judge is going to tell me what I can and cannot do!" The enforcement of a TRO is also not a high priority with the police.

I guess we will just have to wait until June and see what shakes out of the legislature to really see where all this ends up; we can write to our representatives, however, they typically are hearing and reading impaired. I am not optimistic about GPS or DNA proposals simply dying on the vine… I sincerely hope that I am wrong…

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MFIndian

2:52 pm on Monday, February 18, 2013

My apologies John, I did not see your last comment. Yes, you are correct we seem to agree on some things here regarding TRO's and I would assume GPS monitoring? I too would like to see more jobs, just want them to be usefull and I just don't see it with this new proposal or Act 266. Take care, We will probably talk again on another topic.

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John Wilson

4:44 pm on Monday, February 18, 2013

MFIndian -

No problem.

TROs & GPS are largely useless in terms of what they came into being to accomplish; furthermore, they are not a very high priority for the vast majority of police departments. We have a society that preys on women, you may innumerate the many reasons for that, as I do not have a lifetime to trace our culture, religions and the male ego. About the best I can say for them is that for the terribly naive, they give these people a false sense of security; they also give the criminal justice system a sense that they are doing something useful about an issue that they are simply incapable of resolving or belongs in an entirely different arena.

Unfortunately, I do not have a workable solution for any of this insanity. I remember many years ago a professor asked the class what was the solution to all the violence, alcoholism and drug addiction in the world. I told her, “Make reality better”. The class, of course, laughed, as did I.

You take care too. I do suspect we will be writing again, later, on this or another topic.

Tressa Kitelinger-Prudhom Stein

11:40 pm on Monday, February 18, 2013

Definitely should make anyone who has faced a judge and been determined to be a threat to a person (s) wear a gps unit at all tines and all should be tied to a computer so if that person crosses the line barrier it lights up so a patrol car is sent immediately on its way, and then a report comes up with the reason for the report, the persons name and picture, where the victim of the report lives, and where the boundaries are to remind them or pick them up so as to keep our victims safe agian from this perpetrator.

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Anthony Domitrz

11:33 am on Tuesday, February 19, 2013

I think that this could be a great idea. Then we could use less patrol to watch the violators and it is easier to keep track of them if they can be seen by using GPS.

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