Electronic Monitoring as a Measure to Reduce the Use of Pre-trial Detention

Abstract

This study tackles the legal regulation of electronic monitoring as an alternative measure to pre-trial detention in the Jordanian Criminal Legislation and the problems of its application. The study concludes that the Jordanian Legislator has stipulated the electronic monitoring system as an alternative to pre-trial detention to be limited to misdemeanors excluding repeating the defendant of the crime. Furthermore, the Jordanian Legislator has omitted to stipulate the conditions and operational mechanisms of the electronic monitoring, which has precluded its application as an alternative measure to pre-trial detention. The study has found the necessary legislative intervention of the Jordanian Legislator and the explicit stipulation of the conditions for applying electronic monitoring as an alternative to pre-trial detention in addition to identifying the operational mechanisms.