What due process rights are offenders guaranteed during the revocation process? Cite any relevant Supreme Court cases in your answer.

Question

What will be an ideal response?

Answer 1

Answers will vary. A probation or parole revocation is an "administrative hearing" that is closer to a civil proceeding, because it is seen as an extension of the existing sentence (Hampton v. State, 2001). As such, neither is governed by the same rules as are formal criminal trials. Given that the legal rights at the time of revocation are virtually identical, the rights afforded in probation revocation proceedings are extended to parole revocations and vice versa. For example, the result of a probation revocation hearing is not a conviction but a finding of either revoking or continuing probation (Soliz v. State, 1961). If probation is revoked, the judge will modify the probation conditions or resentence the offender altogether. On the other hand, if the parole board revokes parole, the parolee returns to jail or prison. In revocation proceedings, the defendant is not constitutionally entitled to a jury (People v. Price, 1960) or to a speedy trial. In some states, however, the law provides for a jury hearing in juvenile cases. The probationer or parolee is not entitled to the Fifth Amendment privilege against self-incrimination (Perry v. State, 2001). Remaining silent at a revocation hearing may prejudice the outcome against the defendant, but testifying at a revocation hearing can be used as evidence at a later criminal trial unless the probationer (or parolee) has been given "immunity" on what he or she says at the revocation.Rights were granted by the U.S. Supreme Court in the cases of Morrissey v. Brewer (1972) and Gagnon v. Scarpelli (1973), including the right to a preliminary hearing and a final revocation hearing. Due process rights were carefully detailed by the Court and consist of six primary protections:1. Written notice of the alleged probation violation2. Disclosure of the evidence of violation3. The opportunity to be heard in person and to present evidence and witnesses4. The right to confront and cross-examine adverse witnesses5. The right to judgment by a detached and neutral hearing body6. A written statement of the reasons for revoking probation, including evidence used in arriving at that decision