Morrissey v. Brewer (1972) set forth a two-stage revocation process. Identify and explain the process and the rights afforded to parolees.

Question

What will be an ideal response?

Answer 1

The first hearing is held at the time of arrest or detention and is one where the parole board or other decision-making authority will determine if probable cause actually does, in fact, exist in relation to the allegations against the parolee that are made by the parole officer. The second hearing then is tasked with establishing the guilt or innocence of the parolee. During this hearing, the parolee possesses a modified version of due process, namely being provided with written notice of the alleged violations, having disclosure of evidence to be used against him or her, the right to be present during the hearing and to provide his or her own evidence, the right to confront and cross-examine witnesses, the right to a neutral and detached decision-making body, and the right to a written explanation of the rationale for revocation.