Salil Dudani

Note

Unconstitutional Incarceration: Applying Strict Scrutiny to Criminal Sentences

Because bodily liberty is a fundamental right, the government may confine someone only to the extent necessary to further a compelling interest. Courts limit pretrial detention and civil commitment accordingly but exempt criminal sentences without explanation. This Note argues that carceral sentences are likewise unconstitutional unless they satisfy strict scrutiny.

May 31, 2020