Ninth Circuit Upholds Injunction Against Jailhouse Webcams

Authors

• Rob Sayles, Southern Methodist University, Dedman School of Law

Abstract

Demery v. Arpaio is a 2004 case that deals with whether the use of world-wide cameras ("webcams") to stream live images of jailed, pretrial detainees over the Internet constitutes punishment prior to adjudication of guilt in violation of the Due Process Clause of the Fourteenth Amendment. A divided Ninth Circuit affirmed the district court's ruling that the use of the webcams constituted punishment and was a violation of the Due Process Clause. While the appellate court properly ruled that the use of the webcams amounted to punishment, the majority's analysis of the issue falls short.

Recommended Citation

Rob Sayles, Ninth Circuit Upholds Injunction Against Jailhouse Webcams, 9 Computer L. Rev. & Tech. J. 521 (2005)