[20180301]LSB10087_性犯罪者和监管释放撤销：宪法的.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Sex Offenders and Supervised Release Revocation: Constitutional? Updated March 1, 2018 The U.S. Court of Appeals for the Tenth Circuit (Tenth Circuit) recently ruled that a portion of the federal supervised release statute addressing sex offenders violates the Fifth and Sixth Amendments of the U.S. Constitution. In a 2-1 decision issued in United States v. Haymond, the Tenth Circuit held that a provision in the statute, establishing a mandatory minimum prison term for convicted sex offenders that commit sex offenses while on supervised release, impermissibly strips the sentencing judge of discretion to impose punishments within the original crimes statutorily prescribed range. Moreover, the court faulted the statute for imposing additional punishments on a sex offender who commits a new sex offense while on supervised release, but not providing for his conviction for the new sex offense based on proof beyond a reasonable doubt. The Haymond decision is the most recent in a series of appellate court decisions, discussed here and here, that have struck down post-conviction measures address