Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution

32 Pages Posted: 3 Oct 2022

See all articles by Stefan Underhill

Stefan Underhill

United States District Court for the District of Connecticut

Grace Powell

Independent

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Date Written: September 27, 2022

Abstract

Supervised release sentences violate the grand jury clause and double jeopardy clause of the Fifth Amendment. Because supervisees have a right to indictment, violation proceedings constitute prosecutions within the meaning of the Sixth Amendment. Violation proceedings should not provide an expedient path to imprisonment but instead should afford defendants the full range of criminal constitutional rights.

Suggested Citation

Underhill, Stefan and Powell, Grace, Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution (September 27, 2022). Virginia Law Review (Online Edition), Forthcoming , Available at SSRN: https://ssrn.com/abstract=4231579 or http://dx.doi.org/10.2139/ssrn.4231579

Stefan Underhill (Contact Author)

United States District Court for the District of Connecticut ( email )

Grace Powell

Independent ( email )

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