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Abstract

This paper, a shortened version of an article which will be published in the Northern Illinois University Law Review in Fall 2024, aims to reframe the debate over how best to address the enormous financial and social costs of a criminal justice system which relies on traditional, brick-and-mortar prisons to control criminal behavior.

The first part of the paper presents a comparison of the current system of incarceration and the system of electronic monitoring that exists alongside it.  It first evaluates the type of offenders any alternative solution would be appropriate for.  It then compares the cost of the current system of incarceration and a system of electronic monitoring from the perspective of society and the individual offender.

The second part of the paper presents the authors’ solution: a virtual prison system based upon technological solutions to increase efficiency, effectiveness, outcomes, and costs.  It addresses concerns with how well such a model would further the traditional goals of incapacitation, deterrence, and retribution.  The new methodology would allow evidence-based measurements on the progress of the offender, thus measuring the success of the intervention in real time.

In leaving the discussion there, the authors posit that this initial platform will serve to catapult further research and development, as well as further exploration of the ways in which a system predicated upon individual dignity, accountability, and technological innovation will help solve the cycle of crime and punishment.

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