Enforcing Statutory Maximums: How Federal Supervised Release Violates the Sixth Amendment Rights Defined in Apprendi v. New Jersey

Authors

Danny Zemel, University of Richmond - School of Law

Abstract

The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the voice of the people.” In recent decades, the Supreme Court has held the Sixth Amendment commands that the jury find, by proof beyond a reasonable doubt, the facts necessary to raise the minimum or maximum sentences for the criminal conduct the defendant committed. However, the increasing prevalence of supervised release revocations and reimprisonments has created a work-around to this rule, eroding the importance of the jury in the federal criminal system.

Document Type

Article

Publication Date

2018

Recommended Citation

Danny Zemel, Enforcing Statutory Maximums: How Federal Supervised Release Violates the Sixth Amendment Rights Defined in Apprendi v. New Jersey, 52 U. Rich. L. Rev. 965 (2018).