NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

This Court further stated the following:
"To the extent that the ankle bracelet
portion of the GPS device i s potentially
visible to the public, it may have the
additional punitive effect of exposing
the offender t o persecution or ostracism,
or at least placing the offender i n fear
of such consequences. Cf. Smith v. Doe,
538 U.S. 84, 115 (2003)(Cinsburg, J.
dissenting)(affirrnative restraint estab-
, lished by "profound humiliation and community
wide ostracism" of sex offender registry);
Note, Who Are The People in your Neighbor-
hood? Due Process, Public Protection,
And Sex Offender Notification Laws, 74 N.Y.
U. L. Rev. 1451, 1467-1469 (1999)(describing
acts of violence against sex offenders).
Cf. also N. Hawthorne, The Scarlet Letter 58
(1871)("Ah, but ... let her cover the
mark as she will, the pang Gf it will be always
in her heart")." Cory, at TI. 18.
Moreover, it can be forcefully argued that
such a stressful situation had a mjor impact on
the Pro Se defendant, and substantially impaired
his ability to prepare a defense for trial in
violation of his 6th Amendment. right to the United
States Constitution. See Faretta v. California,
422 U.S. 806, 829 (1975)(The right to s elf rep-
resentation and the right t o the making of a
defense). See also Art. 12 Declaration of Rights.
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