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Full-Text Articles in Law
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon
Re-Imprisonment Without A Jury Trial: Supervised Release And The Problem Of Second-Class Status, Stephen A. Simon
Cleveland State Law Review
The Supreme Court’s 2019 decision in United States v. Haymond shone a light on a practice that has not yet received attention commensurate with its significance: the re-imprisonment of individuals on supervised release without a jury trial. At first blush, the decision is most notable for setting bounds on the government’s ability to re-imprison individuals on supervised release without observing the constitutional rights normally available to defendants in criminal prosecutions. However, examination of the opinions reveals that the decision’s immediate doctrinal impact was quite limited. Moreover, although the three opinions issued in the case reflected disagreements among the Justices, all …
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman
Are Federal Exonerees Paid?: Lessons For The Drafting And Interpretation Of Wrongful Conviction Compensation Statutes, Jeffrey S. Gutman
Cleveland State Law Review
In this third of a series of articles on wrongful conviction compensation statutes, Professor Jeffrey Gutman tackles the first statute attempted to be passed in the United States – the federal wrongful conviction compensation statute. Championed in concept by Edwin Borchard, it was in fact poorly drafted, and recommendations by Attorney General Homer Cummings to improve it were only partly successful. This Article retraces the long legislative history of the statute which is dotted with sloppy language and reasoning, unexplained amendments and an unfortunate focus on who was not to benefit from it, rather than who was. This tangled legislative …