APPLICATION OF CONSTITUTIONAL STANDARDS OF PROTECTION TO PROBATION (FROM PROBATION AND PAROLE - SELECTED READINGS, 1970, JOHN WILEY & SONS - SEE NCJ-03284

• NCJ Number: 3437
• Journal: University of Chicago Law Review Volume: 29 Dated: (1962) Pages: 483497
• Author(s): H R HINK
• Date Published: 1962
• Length: 15 pages
• Corporate Author: John Wiley and Sons
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROCEDURAL AND SUBSTANTIVE SAFEGUARDS ARE OFFERED TO PROTECT THE RIGHTS OF THE CONVICTED CRIMINAL.

Abstract

ALTHOUGH PROBATION IS AN ACT OF CLEMENCY AT THE DISCRETION OF THE TRIAL COURT, A PROBATIONER SHOULD NOT BE SUBJECTED TO CONDITIONS VIOLATIVE OF DUE PROCESS AND EQUAL PROTECTION STANDARDS. HE SHOULD, THEREFORE, BE ENTITLED TO A HEARING BEFORE REVOCATION OF HIS FREEDOM.