The Unwelcome Cohort: When the Sentencing Judge Invades Your Bedroom
Elizabeth M. Bux, 85 Notre Dame L. Rev. 745 (2010)
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This Note discusses the various issues of civil rights and criminal law associated with the sentence in the Talty case and those issues that might arise from similar sentences. Part I outlines the facts and history unique to the Talty case. Part II discusses the privacy issues at play in a sentence dealing with procreation and sexuality. This Part explains the procreative rights involved in cases of sterilization, birth control, and abortion, and fleshes out the issues of privacy involved in cases of nonprocreative sexuality. In addition, this Part illustrates the various limits on privacy inherent in a criminal conviction, along with the ramifications that such limits have on the constitutionality of governmental restrictions on behavior.