JUDICIAL APPLICATION OF PROCEDURAL DUE PROCESS IN PAROLE RELEASE AND REVOCATION

• NCJ Number: 16071
• Journal: American Criminal Law Review Volume: 11 Issue: 4 Dated: (SUMMER 1973) Pages: 1017-1043
• Author(s): R GIRGENTI
• Date Published: 1973
• Length: 27 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ADVOCATES THE EXTENSION OF DUE PROCESS RIGHTS INTO PAROLE RELEASE AND REVOCATION HEARINGS TO THE EXTENT OF PROVIDING THE RIGHT TO RETAIN COUNSEL OR SPECIFYING THE CIRCUMSTANCES UNDER WHICH THAT RIGHT CAN BE EXERCISED.

Abstract

PROCEDURAL SAFEGUARDS FOR RELEASE AND REVOCATION PAROLE HEARINGS ARE ADVOCATED AS ASSURING MORE EFFECTIVE DECISION-MAKING BY PROTECTING AGAINST ADMINISTRATIVE ARBITRARINESS AND INCOMPETENCE. IT IS BELIEVED THAT SUCH EXACTING DECISION-MAKING WOULD BOTH AID THE PROTECTION OF SOCIETY FROM BAD RISK OFFENDERS AND THE REHABILITATION OF THOSE READY FOR REENTRY INTO SOCIETY. MORRISEY V. BREWER IS LAUDED AS AN IMPORTANT STEP TOWARD APPLYING PROCEDURAL DUE PROCESS TO THE REVOCATION HEARING, ALTHOUGH IT IS THOUGHT NOT TO HAVE GONE FAR ENOUGH IN NOT EXPRESSLY PROVIDING FOR THE RIGHT TO COUNSEL.