COMMENT ON MORRISSEY V. BREWER - DUE PROCESS AND PAROLE REVOCATION

• NCJ Number: 7644
• Journal: Criminal Law Bulletin Volume: 8 Issue: 7 Dated: (SEPTEMBER 1972) Pages: 616-622
• Author(s): F COHEN
• Date Published: 1972
• Length: 7 pages
• Corporate Author: Warren, Gorham and Lamont, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF A SUPREME COURT DECISION GRANTING PAROLEES THE RIGHT TO A HEARING BEFORE PAROLE IS REVOKED.

Abstract

IN MORRISSEY V. BREWER, THE COURT RECOGNIZED TWO STAGES IN THE PROCESS. ONCE A PAROLE VIOLATOR HAS BEEN ARRESTED, THERE SHOULD BE A PROMPT PRELIMINARY INQUIRY AS TO PROBABLE CAUSE. HERE, THE PAROLEE IS ENTITLED TO NOTICE OF CHARGES, AND HAS THE RIGHT TO CALL WITNESSES, TO BE HEARD, AND TO CONFRONT ADVERSE WITNESSES. AN AFFIRMATIVE DECISION AT THIS LEVEL WARRANTS CONTINUED DETENTION PENDING THE SECOND STATE, THE FULL HEARING. THE SAME RIGHTS ATTACH AT THE FULL HEARING, WHOSE PURPOSE IS NOT MERELY TO DETERMINE PROBABLE CAUSE, BUT TO DETERMINE CONTESTED FACTS AND FIND WHETHER THERE IS A BASIS FOR REVOCATION. RIGHT TO COUNSEL IS NOT MANDATED FOR EITHER TYPE OF HEARING. THE AUTHORS SEE THE IMMEDIATE IMPACT OF THE DECISION AS SYMBOLIC RATHER THAN PRACTICAL.