Does a judge have the power to restrict fundamental rights in a probation sentence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Furfaro, 967 F.2d 593 (9th Cir. 1992):
The sentencing judge has broad discretion to set probation conditions, including restricting fundamental rights. United States v. Bolinger, 940 F.2d 478, 480 (9th Cir.1991). A probation condition is valid if it is designed primarily to meet the ends of rehabilitation and to protect the public. Id. It must also be reasonably related to those ends. Id.
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