I have noted in this prior post Professor Jacob Schuman work on the law of revocation at the Founding. Now appearing on SSRN is this Brief of Criminal Law Scholars seeking to operationalize this work as Amici Curiae in Support of Appellant Seeking Reversal in US v. Bowers (9th Cir.). Here is how the brief is described via the SSRN abstract:
This brief of criminal law scholars as amici curiae explains why the original understanding of the jury right requires a jury trial for revocation of supervised release.
The Supreme Court interprets the Fifth and Sixth Amendment jury right based on “the historical role of the jury at common law … in the colonies and during the founding era.” Southern Union Co. v. United States, 567...
