Discuss probation revocation and the four cases where the Supreme Court provided procedural safeguards to apply at proceedings to revoke probation

Question

What will be an ideal response?

Answer 1

A violation of the terms or probation or committing a new crime can result in the revocation of probation. Revocation because of a rule violation is known as a technical violation. Violations of probation have led to an increase in offenders being returned to prison. This is contributing to the increase in the costs of corrections. Revocation is not an easy decision. The probation officer is notified of the violation and a formal hearing is scheduled. There are certain procedural due process rights at this hearing. In Mempha v. Rhay, the court reversed the probationer's revocation because he did not have counsel at his revocation hearing. In Gagnon v. Scarpelli, the Court held that both probationers and parolees have a limited right to counsel in revocation hearings. Here, it was determined that the probationers must be provided with counsel to ensure equal protection. In Bearden v. Georgia, the court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine and make restitution, unless the probationer is responsible for this failure. In Unites States v. Granderson, the Court ruled that it would be unfair to force a probationer to serve more time in prison as a result of a revocation of probation than one would have if originally incarcerated.