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当前,审前软禁制度在美国刑事司法中应用极为广泛,审前保释制度的发展及解决监狱过度拥挤的现实问题共同促成了这一局面。审前软禁制度的程序规则主要包括软禁地点的选择、适用条件、审前软禁期间应当遵守的规定及违反规定的法律制裁、审前软禁期间与刑期的折抵。电子监视对于审前软禁制度的运用起着至关重要的作用。
At present, the pretrial detention system has been widely used in criminal justice in the United States. The development of the pre-trial bail system and the practical problems of overcrowding in prisons have all contributed to this situation. The procedural rules of the pre-trial house arrest system mainly include the choice of the place of house arrest, applicable conditions, provisions to be observed during the pre-trial house arrest and legal sanctions for violation of the regulations, and the discount to the term of imprisonment during the pre-trial house arrest. Electronic surveillance plays a crucial role in the application of pretrial detention.