What are the limitations on the power of courts to impose community supervision conditions? Why are these limitations important?

Question

What will be an ideal response?

Answer 1

By virtue of a criminal conviction, offenders have diminished constitutional rights, but they nonetheless retain rights that are considered basic and fundamental. When fundamental constitutional rights are limited or infringed upon by a condition of probation, the government must establish a "compelling state interest" that would justify keeping the condition. First Amendment rights of religion, speech, assembly, press, and petitioning the government for redress of grievances are considered basic, fundamental rights that deserve protection by the courts. For example, much of the literature of Alcoholics Anonymous (AA) refers to monotheistic principles and encourages prayer, leading the court to conclude that, although not a religion per se, the elements of AA infringe on a person's First Amendment rights of religion. In other situations, the diminishment of rights is seen, as when the courts ruled that offenders could be instructed to discuss their participation in illegal activities for rehabilitative purposes or when the Supreme Court permitted the search of a probationer's home based on reasonable grounds. Giving the courts the power to impose conditions maximizes the protection of society and the ability to address and possibly treat the underlying causes of the offender's behavior. Such conditions, however, must be applied in a constitutionally sound manner that complies with the law.