A number of important legal issues surround probation. Using two relevant cases to illustrate, discuss the legal rights of probationers

Question

What will be an ideal response?

Answer 1

The court has ruled that probationers have a unique status and therefore are entitled to fewer constitutional protections than other citizen. In Griffin v Wisconsin the court held that a probationer's home may be searched without a warrant because probation departments "have in mind the welfare of the probationer" and must "respond quickly to evidence of misconduct.". In Minnesota v. Murphy the court held that the probation officer–client relationship is not confidential, as are physician–patient or attorney–client relationships. If a probationer admits to committing a crime to his or her probation officer, the information can be passed on to the district attorney. In Mempa v. Rhay a probationer is constitutionally entitled to counsel in a revocation-of-probation proceeding where the imposition of sentence had been suspended.