U.S. v. Haymond on Re-imprisonment Without a Jury Trial

Abstract

Criminal punishments often include a period of supervised release after the completion of a prison sentence. During this time, the government can re-invoke prison time if the convict commits a further offense. But does re-imprisonment following a determination of guilt by a judge grounded in a preponderance of the evidence—but not a jury grounded in evidence beyond a reasonable doubt—violate the protections of the Constitution? Haymond presents deep questions about the constitutional standards for post-conviction supervision of criminals.