Gagnon Hearing: A Case Study

Decent Essays
Show More
After researching this topic, the Gagnon hearings, to me, are really the same as what was established in Morrissey. The first stage of the process is a preliminary hearing (Gagnon I) which is to be conducted "as promptly as convenient after arrest while information is fresh and sources are available" (Morrissey v. Brewer, 1972, pp. 485). The purpose is to determine if there is probable cause to believe that a violation of parole has taken place.
The second part of the process is a revocation hearing (Gagnon II). This hearing is to evaluate any facts and to determine if they warrant revocation. This hearing is to be conducted by a "neutral and detached" hearing body such as a parole board (Morrissey v. Brewer, 1972, pp. 489). The procedures

Related Documents

  • Decent Essays

    Summary Of In Re Gault
    • 170 Words
    • 1 Pages

    Summary Of In Re Gault

    During the adjudicatory process, there are usually two judicial hearings that the juvenile attends. The first is the initial appearance, is the equivalent of arraignment where the juvenile is notified of the charges against them, they are appointed legal counsel and bail is considered. If the case has not been settled by the close of the initial appearance, it is held for trial. In re Gault is the case that changed the nature of juvenile trials forever. In 1967, the United States Supreme Court ruled that defendants must be afforded the same rights as adults.…

    • 170 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Gagnon Vs Scarpelli Case Study
    • 1486 Words
    • 6 Pages

    Gagnon Vs Scarpelli Case Study

    In the case of Gagnon v. Scarpelli, the Respondent Gerald Scarpelli was a convicted criminal who originally pleaded guilty to armed robbery in Wisconsin. The presiding judge, in this case, sentenced him to 15 years incarceration for the robbery offense but suspended the imprisonment and placed him on probation, which is a community transition program, for 7 years (Gagnon v. Scarpelli 411 US 778 - Supreme Court 1973). I think the judge had the expectation of Scarpelli fulfilling the terms of his probation and the other stipulations that were required during his time since it was certainly less than the originally stated 15 years. Scarpelli was given permission to live in Illinois under the Adult Probation Department of Cook County but was later…

    • 1486 Words
    • 6 Pages
    Improved Essays
    Read More
  • Improved Essays

    Case Report: New England Gallaudet Association Of The Deaf
    • 687 Words
    • 3 Pages

    Case Report: New England Gallaudet Association Of The Deaf

    In 1850 New England Gallaudet Association of the Deaf was founded, and in 1880, they had their first national convention; Robert P. McGregor was elected the first president. In 1889, the National Association of the Deaf (NAD) was adopted as the formal name of the organization. NAD went through many difficult times, but one of the first was in 1920, when deaf people were being refused the right to obtain a driving license. It wasn't until the fifteenth national convention in 1926 that concerns about the right to drive automobiles were expressed. In 1937, President Franklin D. Roosevelt pledged to Quapah rate to increase civil service opportunities for deaf workers.…

    • 687 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Gagnon V. Scarpelli Case Study
    • 121 Words
    • 1 Pages

    Gagnon V. Scarpelli Case Study

    In Gagnon v. Scarpelli (1973), the United States Supreme Court held that due process mandates a preliminary and final revocation hearing for a probationer under the same conditions specified in Morrissey v. Brewer, (1972). These hearings are now known as the Gagnon I and Gagnon II hearings (Worrall, 2015). A Gagnon I hearing occurs the probationer is arrested for an alleged violation (Worrall, 2015). The hearing is to determine if the probationer should remain in custody or be released back into the community (Worrall, 2015). A Gagnon II hearing is the final revocation hearing when a determination is made on the status of probation, and if the probationer is found in violation then the Judge will determine the sentence (Worrall, 2015).…

    • 121 Words
    • 1 Pages
    Improved Essays
    Read More
  • Improved Essays

    Fare V. Arizona 1979
    • 662 Words
    • 3 Pages

    Fare V. Arizona 1979

    In the case of Fare v. Michael C. (1979), the United States Supreme Court rejected the California Supreme Court’s position that a juvenile's request to see his probation officer constitutes an invocation of the right to remain silent within the context of Miranda v. Arizona (1966). Sixteen year old Michael C. was taken into custody by the Van Nuys, California police department on suspicion of murder. After being advised of his Maranda rights, and acknowledging he understood them, he was asked if he wanted an attorney. His response was, “Can I have my probation officer here?” (Page 442 U. S. 710).…

    • 662 Words
    • 3 Pages
    Improved Essays
    Read More
  • Superior Essays

    Miranda Vs Arizona Essay
    • 925 Words
    • 4 Pages

    Miranda Vs Arizona Essay

    This ensures that only statements freely made by a defendant can be used in court. They observed that “the modern practice of in-custody interrogation is psychologically rather than physically oriented,” giving custodial interrogations by the police as an example. The police must ensure that defendants are aware of their rights before they are questioned, backed up by the Fifth Amendment. They also decided that any statements made by defendants during a custodial interrogation in which the defendant has not been read his “Miranda rights” do not count in any court.…

    • 925 Words
    • 4 Pages
    Superior Essays
    Read More
  • Improved Essays

    Explain The Steps Following Arrest In The Court Process
    • 606 Words
    • 3 Pages

    Explain The Steps Following Arrest In The Court Process

    There are many aspects to the court process from arest to conviction. The first step following arrest in this process is the initial appearance. This is the accused's first appearance before either a judge or a magistrate. The defendant is informed of the charges being brought against them and their constitutional right are explained. The purpose of this is to make the defendant of what is going on and to figure out if counsel is to be provided.…

    • 606 Words
    • 3 Pages
    Improved Essays
    Read More
  • Decent Essays

    Hearing Privilege Research Paper
    • 297 Words
    • 2 Pages

    Hearing Privilege Research Paper

    #HearingPrivilege There is a hashtag going around social media raising awareness for deaf people. People don’t think about deaf people when they go to a movie or a concert, they don’t think about how they can’t enjoy the simple things in life. There are many privileges that hearing people don’t realize they have because the public isn’t educated about deaf or hard of hearing people. Hearing privilege is when a deaf person has to wait months for a movie to have screencaps when everyone else got to watch the movie when it came out.…

    • 297 Words
    • 2 Pages
    Decent Essays
    Read More
  • Great Essays

    Problem-Solving Courts Case Analysis
    • 1424 Words
    • 6 Pages

    Problem-Solving Courts Case Analysis

    two feet, gain their self-esteem, and regain their relationship with their children and family members (Kaye, 2004). Another problem-solving courts with successful results include domestic violence courts. Domestic violence cases arose in the 1900s and it was evident that not enough was being done in order to protect the victims. Problem-solving courts allow for one judge to overview the case from the beginning to the end.…

    • 1424 Words
    • 6 Pages
    Great Essays
    Read More
  • Improved Essays

    Role Of Coercion In Plea Bargains
    • 1032 Words
    • 5 Pages

    Role Of Coercion In Plea Bargains

    The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The excessive use of coercion has also forced a drug courts to choice in behalf of the defendant, since the alternative is facing a jail sentence. Despite the concerns addressed, the courts when challenged of this claim find under the drug court setting that…

    • 1032 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Drug Court Research Paper
    • 332 Words
    • 2 Pages

    Drug Court Research Paper

    Drug courts are utilized by the criminal justice general sessions courts to try to end the abuse of drugs such as alcohol and substance. In drug court, it will allow the choice of the individual who may need that extra help to fight their addiction by offering to partake in a treatment program. If the individual successfully completes the program they are subject to getting their case dismissed. “In exchange for successful completion of the treatment program, the court may dismiss the original charge, reduce or set aside a sentence, offer some lesser penalty, or offer a combination of these” (NADCP, 1997). Drug courts generate surroundings that are clear and with certain principles.…

    • 332 Words
    • 2 Pages
    Improved Essays
    Read More
  • Improved Essays

    Gallaudet: The Deaf President Now Movement
    • 1508 Words
    • 7 Pages

    Gallaudet: The Deaf President Now Movement

    A deaf person can do anything a hearing person can do, except hear. A deaf person can read this paper. A deaf person can understand the arguments being made. There is no difference between how able a deaf person and a hearing person can read this paper. The idea that a deaf person can do everything a hearing person can do was not always a universal thought.…

    • 1508 Words
    • 7 Pages
    Improved Essays
    Read More
  • Decent Essays

    Disposition Hearing
    • 201 Words
    • 1 Pages

    Disposition Hearing

    The purpose of a disposition hearing is to determine the most appropriate form of treatment or custody for juvenile offenders (Izzi, 2016). A disposition hearing will occur if the juvenile in question pleads guilty to the crime committed. Before this hearing the prosecutor, probation officer, offender, and their family will come together in order to decide what could be the best way to help the juvenile offender from committing any further crimes. When all this information is gathered from the probation officer, it is then written in the form of a disposition report. This report is then handed in to the judge for review.…

    • 201 Words
    • 1 Pages
    Decent Essays
    Read More
  • Improved Essays

    Northern Kentucky Expungement
    • 615 Words
    • 3 Pages

    Northern Kentucky Expungement

    The state’s prosecutor of federal crimes known as the Commonwealth’s Attorney must agree. Next, the Probation Department needs to conduct a pre-sentence investigation. The request may be eligible for entry into the program or denied. If denied your attorney can challenge the decision or withdraw the case and consider another…

    • 615 Words
    • 3 Pages
    Improved Essays
    Read More
  • Improved Essays

    Pros And Cons Of Discretionary Parole
    • 132 Words
    • 1 Pages

    Pros And Cons Of Discretionary Parole

    Discretionary parole is the parole that is determined by the paroling authority such as the common parole board or the commissions after a case reviewing with the determination that the inmate can rejoin the community (Schmalleger & Smykla, 2015). On the other hand, a mandatory parole is set by law and requires the state to grant parole when an inmate serves a set period. The main argument for discretionary release is that it provides the prisoners with an incentive to change their ways for the better due to the promise of a reward if they comply. On the other hand, the mandatory parole is argued to be better because it cannot be “gamed” where a prisoner simply acts as if they have changed their ways just to be granted the discretionary parole.…

    • 132 Words
    • 1 Pages
    Improved Essays
    Read More

Related Topics

Ready To Get Started?
Discover
Company
Follow
©2024 Cram.com
Privacy Policy |  About Ads |  Site Map |  Advertise  | 
  • Cookie Settings