NCJ Number
61216
Journal
Quarterly Volume: 35 Issue: 4 AND V 36, N 1 Dated: (WINTER 1978) Pages: 39-63
Date Published
1979
Length
25 pages
Annotation
FEDERAL AND PENNSYLVANIA COURT DECISIONS AND PROCEDURES DEALING WITH DEFENDANTS' RIGHTS AT PROBATION AND PAROLE REVOCATION HEARINGS ARE DESCRIBED, AND ISSUES REMAINING TO BE RESOLVED ARE IDENTIFIED.
Abstract
FEDERAL COURT DECISIONS AND PROCEDURES HAVE INCREASINGLY MOVED TOWARD DUE PROCESS RIGHTS ACCORDED DEFENDANTS IN FORMAL CRIMINAL TRIALS. THE OFFENDER MUST BE GIVEN WRITTEN NOTICE OF THE CHARGES WHICH HAVE OCCASIONED THE REVOCATION HEARING, HAVE THE RIGHT TO COUNSEL, BE INFORMED OF INCRIMINATING EVIDENCE, AND HAVE THE RIGHT TO CROSS-EXAMINE WITNESSES GIVING DAMAGING TESTIMONY. WHILE PAROLE AND PROBATION REVOCATION HEARINGS HAVE BEEN DISTINGUISHED IN COURT DECISIONS AND FEDERAL LEGISLATION, THE DISTINCTIONS APPEAR MEANINGLESS, SINCE BOTH DEAL WITH CONVICTED CRIMINALS DEEMED WORTHY OF REHABILITATION WHO HAVE AN INTEREST IN MAINTAINING THEIR STATUS. FEDERAL PAROLE AND PROBATION REVOCATION HEARINGS MAY SOON BE SUBJECT TO THE JUDICIAL PROCESSES OF THE COURTS, WHILE GUARDING AGAINST THE APPEARANCE OF A CRIMINAL TRIAL. PENNSYLVANIA COURTS TREAT PROBATION AND PAROLE REVOCATION HEARINGS AS SIMILAR PROCEDURES REQUIRING SIMILAR PROCEDURAL GUARANTEES. MANY SAFEGUARDS ARE PRESENT IN BOTH CASES, ALTHOUGH THE COURTS MAINTAIN THAT THE HEARINGS ARE NOT CRIMINAL PROCEEDINGS, SUCH THAT THE FULL BATTERY OF DEFENDANTS' DUE PROCESS RIGHTS NEED NOT APPLY. ISSUES IN THE AREA OF PAROLE AND PROBATION REVOCATION STILL TO BE RESOLVED INCLUDE (1) PROBATION OR PAROLE AS A RIGHT, (2) CONSTITUTIONAL CHALLENGES TO PROBATION OR PAROLE VIOLATIONS, (3) MATTERS BEARING ON RULES OF EVIDENCE AT REVOCATION HEARINGS, (4) THE ISSUE OF DOUBLE JEOPARDY IN CASES WHERE NEW CRIMES ARE THE ISSUE AT REVOCATION HEARINGS, (5) SUBPOENA RIGHTS FOR THE DEFENDANT, AND (6) CREDIT FOR TIME SERVED UNDER SUPERVISION. FOOTNOTES ARE PROVIDED. (RCB)