Gerald Scarpelli was a felon who was convicted of robbery in July 1965 in the state of Wisconsin and sentenced to fifteen years in prison, but his sentence was suspended and he was placed on probation (Gagnon v. Scarpelli, 1973). Scarpelli was allowed to travel back to Illinois where he would still be monitored on probation by the Illinois authorities and he also had to sign an agreement which outlined the conditions of his parole. Shorty after being placed on probation Scarpelli was arrested in Illinois for breaking into a home on August 6, with a known felon Fred Kleckner and stated that they went into the home to steal money and other items (Gagnon v. Scarpelli, 1973). Scarpelli admitted freely to being involved in the burglary of the
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When his probation was revoked the court failed to appoint him legal representation and they failed to give him hearings following the revocation which violated his due process rights(Findlaw’s). In addition, the probation officer was negligent in not recognizing that Scarpelli didn't have the proper representation and recognizing that his clients due process rights were being violated (Findlaw’s) It’s my opinion that Scarpelli should not have been released so soon after being convicted to fifteen years after his first armed robbery crime and he should have served a portion of that sentence. I also feel that the judge was negligent by releasing him and allowing him to leave Wisconsin to live in Illinois. If Scarpelli’s due process rights had not been violated he probably wouldn’t have been paroled and he would have served the remainder of his original …show more content…
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). In addition, Paroles and revocations are not considered stages of criminal prosecutions but they do have restrictions on a person's liberty which would require them the need for legal representation. The main two rights afforded to probationers after the Gagnon v. Scarpelli case was the right to counsel and the right to due process (FindLaw's). Counsel is required for the indigent defendant when the hearing is a part of a parole or probation revocation where a sentencing is involved. Although the court ruled that a parole revocation is not a part of a criminal prosecution
When his probation was revoked the court failed to appoint him legal representation and they failed to give him hearings following the revocation which violated his due process rights(Findlaw’s). In addition, the probation officer was negligent in not recognizing that Scarpelli didn't have the proper representation and recognizing that his clients due process rights were being violated (Findlaw’s) It’s my opinion that Scarpelli should not have been released so soon after being convicted to fifteen years after his first armed robbery crime and he should have served a portion of that sentence. I also feel that the judge was negligent by releasing him and allowing him to leave Wisconsin to live in Illinois. If Scarpelli’s due process rights had not been violated he probably wouldn’t have been paroled and he would have served the remainder of his original …show more content…
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). In addition, Paroles and revocations are not considered stages of criminal prosecutions but they do have restrictions on a person's liberty which would require them the need for legal representation. The main two rights afforded to probationers after the Gagnon v. Scarpelli case was the right to counsel and the right to due process (FindLaw's). Counsel is required for the indigent defendant when the hearing is a part of a parole or probation revocation where a sentencing is involved. Although the court ruled that a parole revocation is not a part of a criminal prosecution