Gagnon Vs Scarpelli Case Study

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According to the highest law of the land, United States citizens are guaranteed two Gagnon hearings before any justifiable parole revocation can be enforced. Gagnon hearings are procedural due process rights authorized by the United States Constitution to protect the United States citizens. It is a legal protocol that protects the due process of certain unalienable rights of criminal defendants who have been granted probation. These rights cannot be revoked without due process and justifiable procedures. United States citizens on probation are entitled to the due process protection of certain basic rights. In 1973, the case of Gagnon versus Scarpelli paved the way for Gagnon hearings to be implemented. In this case, the state of Wisconsin revoked Scarpelli's probation without a legal …show more content…

On the other hand, each probationer in the United States that obtain a violation or multiple violations are guaranteed Gagnon hearings before any punitive action can be implemented. Gagnon hearings can occur after an alleged probation violation has been executed consisting of two stages. The first of these hearings can be referred to as a Gagnon I Hearing. It decides whether to hold a probationer in custody for an alleged violation hearing or allow the offender to remain free during the revocation proceedings. This first hearing also determines if the probation should remain in custody or be released back into the community. Gagnon I Hearing is the preliminary hearing while the Gagnon II Hearing is the final revocation ruling. At the Gagnon II hearing, referred as the final revocation hearing, the court makes a final decision on whether to revoke the offender's probation after reviewing the evidence and hearing a statement from the probationer. As a result, a determination on the status of the probation is

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