NCJ Number
15548
Journal
Clearinghouse Review Volume: 7 Issue: 9 Dated: (JANUARY 1974) Pages: 528-535
Date Published
1974
Length
8 pages
Annotation
THIS 1972 SUPREME COURT DECISION REDEFINED THE HEARING REQUIREMENTS FOR PAROLE REVOCATION PROCEEDINGS, RULING THAT THE PAROLEE WAS ENTITLED TO SEPARATE HEARINGS BEFORE PAROLE CAN BE REVOKED.
Abstract
THE PRELIMINARY HEARING DETERMINE WHETHER PROBABLE CAUSE EXISTED TO BELIEVE THAT THE PERSON COMMITTED ACTS CONSTITUTING A VIOLATION OF PAROLE CONDITIONS. THE SECOND HEARING IS TO DETERMINE WHETHER PAROLE SHOULD BE REVOKED. THE DUE PROCESS REQUIREMENTS AT THE REVOCATION HEARING ARE DISCUSSED IN DETAIL. THESE REQUIREMENTS INCLUDE PRELIMINARY HEARING, NOTICE OF THE CHARGES, PRESENTATION OF WITNESSES, DISCLOSURE OF ADVERSE EVIDENCE AND THE RIGHT TO CROSS-EXAMINE, IMPARTIAL HEARING BOARD, AND WRITTEN FINDING OF FACTS, CASE DECISIONS ARE CITED TO ILLUSTRATE THE EFFECT OF THE MORRISSEY DECISION ON PAROLEES' AND PRISONERS' RIGHTS. TWO QUESTIONS NOT DECIDED BY MORRISSEY - BURDEN OF PROOF AND RIGHT TO COUNSEL - ARE ALSO DISCUSSED. THE INFLUENCE OF THIS DECISION IN AREAS OTHER THAN PAROLE REVOCATION IS ALSO DISCUSSED. THESE AREAS INCLUDE PRISONERS' RIGHTS IN DISCIPLINARY PROCEEDINGS, TRANSFER TO OR FROM TREATMENT, PAROLE RESCISSION AND RELEASE, PRISON TRANSFERS AND CENSORSHIP OF INCOMING MAIL AND PUBLICATIONS.