Legal Opinion · Dissent

Commonwealth v. Kriston

Supreme Court of Pennsylvania

Decided January 24, 1990No. 02343Published

1DissentPopovich, Judge

Once upon a time, a man’s home was his castle, but now, through the advent of electric home confinement, prison authorities have the technology to transform a man’s home into his dungeon.1 While confinement within one’s home is most certainly preferable to incarceration in a jail, I am convinced that home confinement, enhanced by the imposition of stringent restraints on an offender’s liberty, satisfies the definition of “imprisonment” under 75 Pa.C.S.A. § 3731 (Driving under the influence of alcohol or controlled substance).2 Moreover, assuming arguendo that electronic home confinement does…

2Cases cited18 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Jones v. CunninghamSupreme Court of the United States · 1963
  3. Ex Parte LangeSupreme Court of the United States · 1874
  4. Cox v. Commonwealth, Board of Probation & ParoleSupreme Court of Pennsylvania · 1985
  5. Commonwealth v. HillSupreme Court of Pennsylvania · 1978

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