2024 Publications:
Supervised Release Needs Rehabilitation
Stefan R. Underhill
CONTENTS:
“Federal supervised release was created primarily “to ease the defendant's transition into the community after the service of a long prison term ....” Unfortunately, supervised release quickly became a means to ease the defendant's transition from the community back to prison. Indeed, over the past decade, revocations of supervised release have sent an estimated 100,000 or more former federal prisoners back to prison, principally for technical violations rather than for true recidivism.”
BIOGRAPHY:
Judge Underhill was appointed United States District Judge for the District of Connecticut on July 7, 1999 and was sworn in on September 1, 1999. He has served as Chief Judge of the District since September 1, 2018.
Judge Underhill graduated from the University of Virginia in 1978 with a Bachelor of Arts in Interdisciplinary Studies. In 1981, he received a second Bachelor of Arts in Philosophy, Politics and Economics from Oxford University, which he attended on a Rhodes Scholarship. In 1984, he received his law degree from Yale Law School. At Yale, Judge Underhill served as Articles and Book Reviews Editor of the Yale Law Journal.
Retroactive Application of Amendments to the Sentencing Guidelines: Who Should Have the Power?
Bill Baroni, Peter J. Tomasek
When the United States Sentencing Commission (“Sentencing Commission” or “the Commission”) amends the Federal Sentencing Guidelines, someone must decide whether the amendment applies retroactively to the sentence of an incarcerated person. Congress put that decision in the hands of the Sentencing Commission. Thus, the Sentencing Commission--and only the Sentencing Commission--decides whether an amendment applies retroactively. This Article explores that process and its flaws.
Bill Baroni is an Adjunct Professor of Law at Seton Hall University, a Law and Policy consultant, and a former New Jersey state senator.
Peter J. Tomasek is an appellate-level attorney based out of the North Carolina area.
Stuck in Limbo: “Freedom” Under the Shadow of a Wrongful Conviction
Andrew J. Madrigal, Robert J. Norris
This Article delves into the concept of the “limbo period” experienced by exonerees--the time spent in the community under the shadow of a wrongful conviction before official exoneration. Despite growing interest in the aftermath of wrongful convictions, the limbo period has received scant attention in innocence scholarship. Our study uses data from the National Registry of Exonerations (NRE) to illuminate the prevalence, duration, and factors that influence this limbo period.
Robert J. Norris is an Associate Professor at George Mason University who takes a critical, multi-disciplinary approach to thinking about the criminal legal system and is particularly interested in social movements, policy reform, and public opinion.
Andrew J. Madrigal is a doctoral student in Criminology, Law and Society at George Mason University. His research interests revolve around changing and reforming the criminal legal system, including wrongful convictions, social justice issues, and juvenile justice.