1. Case Summary
Question 1: Facts, issue, and court holding in case of Gagnon v. Scarpelli
The defendant (Scarpelli) pleaded guilty in the year 1975 to an armed robbery change in the state of Wisconsin (Del & Trulson, 2006). Scarpelli was sentenced to 15 years in prison. However, the sentence was later on suspended, and he was placed on probation for seven years. The defendant and another man on 6th August 1975 were apprehended while committing a house burglary (Latessa & Smith, 2015). As such, the probation was revoked without a court hearing and a court counsel/attorney representation. As a result, Scarpelli filed a Habeas Corpus petition.
Issue …show more content…
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. Executive Decisions
4. Discuss and outline the differences between a Gagnon I hearing and a Gagnon II hearing.
A person in entitled to a Gagnon 1 hearing if they are in detention and waiting for a formal revocation hearing. At the Gagnon 1 hearing, the probation officer ought to prove the existence of probable cause to believe that there was a violation. The standard for the probable cause is a low burden of proof for the officer (Alarid & Del, 2011). Gagnon 1 hearing is usually an informal one and held before a hearing officer. The hearing often happen in probation and parole office. The case proceeds to Gagnon II hearing after the identification of the probable cause. The person has the following rights at the Gagnon I Hearing
a. A notice of the alleged violations of parole or …show more content…
A chance of appearing and presenting evidence c. Conditional right for confronting the witness (Blond & Hancock, 2007).
d. Written report regarding the hearing
Gagnon II hearing is the ultimate hearing and shall help in determining whether a person has violated the parole or probation condition (Alarid & Del, 2011). It is a formal hearing. The judge in this hearing must determine whether the violation occurred. The judges then determine what shall be the new