From: Clarissa Trejo
Assignment: Key Cases (Gagnon v Scarpelli Pg. 393) & (Mempa v Rhay Pg. 393) Gagnon v. Scarpelli (1973) The safeguards identified in Morrissey v. Brewer were extended to probationers. The Court of Appeals affirmed. Scarpelli, the respondent, had a felony probationer, then was detained for carrying out a burglary crime. Scarpelli's, probation was cancelled without an official hearing and was not represented by counsel. The respondent, filed a petition for habeas corpus and the District Court concluded that revocation of probations with no hearing and no counsel was denied of due process.
Mempa v. Rhay (1967) Both notice and a hearing are required before probation revocation, and the probationer should have