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Haymond's Riddles: Supervised Release, the Jury Trial Right, and the Government's Path Forward
American Criminal Law Review  (IF3.455),  Pub Date : 2020-03-01, DOI:
James Horner

InUnited States v. Haymond, the Supreme Court found one piece of the federal supervised release system to be unconstitutional. This Article discusses three issues that are unresolved inHaymond’s wake. First, it examines whether applying theApprendiline of cases to the main supervised release system would disrupt that system, concluding that it would not. Second, it considers what the proper remedy should be for the constitutional infirmity identified inHaymond, finding that the provision in question must be struck down due to a previously unexplored double jeopardy issue. Lastly, this Article argues that legislatures can largely achieve the same outcome as the provision at issue inHaymondby allowing defendants—in exchange for receiving shorter prison sentences—to prospectively waive their jury trial rights for supervised release revocations.