Condition of Release - Romantic Relations

Amy E. Feldman

PHILADELPHIA (CBS) -- Can a court tell you not to have more kids? A defendant who was sentenced for a gun offense wasn't just given jail time and probation, but was told by the judge that, given he had ten kids by seven different women, and given the serious social problems it could create, he was not to have unprotected relations without the approval of the probation office.

Which brings to mind many questions, including, at what point in the evening would he seek said approval. And under what circumstances would it be given? And: can a judge order that? Because there are a lot of people—including many politicians who probably shouldn't procreate but does a judge get to decide?

The Eight Circuit Court of Appeals just ruled on that last question with a resounding no—saying that certain conditions of release could be imposed, but that those conditions must be related to the offense, and to deter criminal behavior, which, though maybe not advisable, is neither illegal nor related to the crime for which he was being sentenced so the judge was not allowed to make it a condition of his release.

Whether his romantic partners could ask some follow up questions, like, you've got how many kids? Have spent how much time in jail? Is not only allowed but encouraged.