Gagnon I Hearing Case Study

Improved Essays
Show More
During the trial where I am the judge of the case, there is the Gagnon 1 hearing in the state of Pennsylvania, if someone has been arrested for a violation of probation, the authorities are required to follow "due process" if the authorities are seeking to revoke that person's probation. According to Pennsylvania's highest "law of the land," the probationer will be guaranteed the two specific hearings before there will be any type of revocation of parole that can take place. With the first of the two hearings, which is referred to as the "Gagnon I Hearing," which is a preliminary hearing, the "Gagnon II Hearing," this hearing will have the final ruling after the preliminary hearing has concluded.

In the state of Pennsylvania, in the preliminary hearing, "Gagnon I" needs to be held in-between the seven-to-ten days of when your arrest on the alleged violation of probation. During the Gagnon, I preliminary hearing regarding the violation of probation, it will be decided that if the probationer should remain in custody while waiting for me to either see the probationer or for me to go ahead and have the full along with the final hearing in regards to the revocation of his probation. …show more content…
However, if that has been decided, then the probationer will have to stay incarcerated until the Gagnon II hearing and it is relating to his alleged violation of probation, and that is when he will remain in detention until he will actually have the hearing. During the final hearing, he will appear before me, while I will determine if the probationer is in violation of his parole at that

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

    Summary Of Odyssey Of Hearing Loss By Dr Michael Harvey
    • 448 Words
    • 2 Pages

    Summary Of Odyssey Of Hearing Loss By Dr Michael Harvey

    In the book “Odyssey of Hearing Loss” Dr. Michael Harvey describes three ways that people handle hearing loss. He does this by sharing the story of ten people who lost their hearing at some point in their lives. Each story helps us learn the unique struggle people face when becoming hard of hearing or Deaf. According to Harvey, those that lose their hearing later in life usually describe it is a traumatic experience.…

    • 448 Words
    • 2 Pages
    Improved Essays
    Read More
  • Great Essays

    Scarpelli Case Summary
    • 875 Words
    • 4 Pages

    Scarpelli Case Summary

    Due process requires a determination during the pre-revocation hearing. This is also named as Gagnon 1 hearing. Unlike in the criminal trials where the prosecution ought to establish all aspects of the offense charged beyond the reasonable doubt, at the revocation hearing the Commonwealth only has to prove a probation violation through the preponderance of evidence (Latessa & Smith, 2015). In Gagnon 11 hearing, the burden of proof is lowered to the preponderance of evidence meaning that more likely than not a person did not violate the probation terms. 3.…

    • 875 Words
    • 4 Pages
    Great Essays
    Read More
  • Improved Essays

    Gerald Scarpelli Case Summary
    • 1182 Words
    • 5 Pages

    Gerald Scarpelli Case Summary

    Scarpelli,1973). The court also stated that legal advisement is required at each step of a criminal proceeding where the defendant's rights could be questioned. Legal counsel is also required for indigent defendants when the hearing is part of a probation revocation and the probationer is sentenced (Gagnon v, Scarpelli, 1973). It was also found by the court that a parole revocation is not a part of a criminal prosecution. A parolee is entitled to a preliminary hearing to determine if probable cause exists and if they actually violated the terms of their parole and a secondary hearing should be held before sentencing which gives the accused the opportunity to appear and present any evidence or witnesses to prove the claim of parole or probation violation to be false( Findlaw’s).…

    • 1182 Words
    • 5 Pages
    Improved Essays
    Read More
  • Decent Essays

    Shortchanged: Un-Jailing The Mentally Ill Analysis
    • 387 Words
    • 2 Pages

    Shortchanged: Un-Jailing The Mentally Ill Analysis

    This court runs sort of like Probation or Parole, anyone who goes through this court has to follow certain guidelines and rules in order to stay out on their…

    • 387 Words
    • 2 Pages
    Decent Essays
    Read More
  • Improved Essays

    Gagnon Vs Scarpelli Case Study
    • 1486 Words
    • 6 Pages

    Gagnon Vs Scarpelli Case Study

    In the Gagnon, I hearing (initial hearing) a person who is picked up by the police or probation authorities for a new crime or for a technical violation is entitled to due processes while they are officially detained. The individual is required to have a hearing scheduled within 7-10 days of initial detention to determine if they should remain in custody until the full hearing with the judge or trial commissioner. Only one of these two people holding official rank can release the probation or parole prior to an official hearing (Laguzzi,…

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

    Gagnon V Scarpelli Case Study
    • 229 Words
    • 1 Pages

    Gagnon V Scarpelli Case Study

    In relation to the Gagnon v. Scarpelli (1973), defendants have only limited due process rights at probation revocation proceedings. In Gagnon v. Scarpelli (1973) the United States Supreme Court stated that due process mandates preliminary and final revocation hearings under the same conditions as Morrissey v. Brewer (1972) (Gagnon v. Scarpelli, 1973). Due process at revocation hearings only requires written notice of the claimed violations, disclosure to the of evidence against him, an opportunity to be heard in person and to present witnesses and documentary evidence, the right to confront and cross-examine adverse witnesses, a “neutral and detached” hearing body, and a written statement by the fact finders as to evidence relied on and…

    • 229 Words
    • 1 Pages
    Decent Essays
    Read More
  • Decent Essays

    Parole Board Hearing Summary
    • 228 Words
    • 1 Pages

    Parole Board Hearing Summary

    According to Alarid (2015), the purpose of parole board hearings is to resolve any inconsistencies in information directly from the offender or other parties, review any behavioral changes while confined, find out the motivation for parole, and to consider what the victim has to say about the potential inmate release. The parole board hearing looks into how the offender has acted since being incarcerated. Another purpose of a parole board hearing is to essential figure out if an offender is qualified to be released or if they should wait for until improved conduct or rehabilitation is completed. They take into consideration any and all rehabilitated programs the offender may have taken to help their chances of not recidivism. The risk assessment…

    • 228 Words
    • 1 Pages
    Decent 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

    The defenant again appears before a judge or magistrate and they decide whether or not the evidence presented is sufficient for the case to proceed to trial. The judge or magistrate will use a police report of the arrest as well as evidence from the prosecution to make this determination. A defendant can, and often does, waive their right to the preliminary hearing. Once judge has ruled that there is probable cause, defendants in many jurisdictions are sent to a grand jury.…

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

    Technical Violations And Condition Modifications
    • 125 Words
    • 1 Pages

    Technical Violations And Condition Modifications

    As a probation /parole officer with 100 open cases, the client who with all intent is attempting to comply with the requirements of his supervision yet is unable to obtain the required GED, the use of technical violations/ condition modification would seem appropriate in this case. Based on the information received from the instructor and psychological evaluation located within the Presentence Investigation or PSI (2012), the need to further punish this individual is unnecessary as the individual is not capable of attaining the goal set by the parole board. Because the probation / parole officer has the discretion to issue technical violations and condition modifications (2012), a request for modification of the requirements for this client…

    • 125 Words
    • 1 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

    Probation Officer Revocation
    • 683 Words
    • 3 Pages

    Probation Officer Revocation

    If possible, cite real life cases you have seen in the news to help illustrate your answer. When a probation violation is extremely severe, or after multiple lesser violations, a probation revocation hearing could be scheduled. A judge at the hearing will consider reports from the probation officer, and if probation is revoked, the probationer will often be incarcerated in jail or prison. Decision making is one of most important concerns for managers…

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

    A Career As A Probation Officer
    • 1068 Words
    • 5 Pages

    A Career As A Probation Officer

    Introduction Probations has always been a career that has interested me, and today is the career that I am in the pursuit of. The whole essence of the career is based on the desire to help others, even if those that need help are unwilling to receive it. Probation and parole is an incredibly important aspect of the criminal justice system, as it is meant to be a form of rehabilitation provided for offenders who have either been released from incarceration, or who are at risk of becoming incarcerated. How does an individual become a probation officer? What does it take to be able to succeed within the career?…

    • 1068 Words
    • 5 Pages
    Improved Essays
    Read More
  • Improved Essays

    Essay On Diversion And Probation
    • 792 Words
    • 4 Pages

    Essay On Diversion And Probation

    However, they do have the opportunity for counsel advisement before accepting the program. Being on Probation, allows the offender to be in the community, however, they must abide by the rules and procedures of the Probation Officer. They must comply with all of these procedures, or the probation is revoked, and the revocation hearing will…

    • 792 Words
    • 4 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