Expedient Imprisonment: How Federal Supervised Release Sentences Violate the Constitution
32 Pages Posted: 3 Oct 2022
Date Written: September 27, 2022
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.
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