Download This PaperExpedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution
32 Pages Posted: 3 Oct 2022
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Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution
Virginia Law Review (Online Edition), Forthcoming
Number of pages: 32
Posted: 03 Oct 2022
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Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution
Virginia Law Review Online Edition, Virginia Law Review Online, Vol. 108, No. 297-325, 2022
Number of pages: 29
Posted: 21 Nov 2022
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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: 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
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