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Keywords

hearingtrialparoledue process

hearingtrialpleaparoledue processguilty plea

Related Cases

Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484

Facts

Petitioners Morrissey and Booher were both convicted and paroled, but their paroles were revoked without a hearing after they were arrested for alleged violations. Morrissey was accused of multiple violations, including operating a vehicle under an assumed name, while Booher was charged with leaving territorial restrictions and obtaining a driver's license under an assumed name. Both petitioners claimed they were denied due process as they did not receive a hearing prior to the revocation of their paroles.

Petitioner Morrissey was convicted of false drawing or uttering of checks in 1967 pursuant to his guilty plea, and was sentenced to not more than seven years' confinement. He was paroled from the Iowa State Penitentiary in June 1968. Seven months later, at the direction of his parole officer, he was arrested in his home town as a parole violator and incarcerated in the county jail.

Issue

Whether the Due Process Clause of the Fourteenth Amendment requires that a State afford an individual some opportunity to be heard prior to revoking his parole.

We granted certiorari in this case to determine whether the Due Process Clause of the Fourteenth Amendment requires that a State afford an individual some opportunity to be heard prior to revoking his parole.

Rule

Due process requires a reasonably prompt informal inquiry conducted by an impartial hearing officer to determine if there is reasonable ground to believe that the arrested parolee has violated a parole condition, followed by a revocation hearing with specific minimal due process requirements.

Due process requires a reasonably prompt informal inquiry conducted by an impartial hearing officer near the place of the alleged parole violation or arrest to determine if there is reasonable ground to believe that the arrested parolee has violated a parole condition.

Analysis

The Court found that while parole revocation does not require the full rights of a criminal trial, the liberty interests of parolees are significant enough to warrant some procedural protections. The Court emphasized the need for a preliminary hearing to assess probable cause and a subsequent revocation hearing that includes written notice of violations, the opportunity to present evidence, and the right to confront witnesses.

The Court found that while parole revocation does not require the full rights of a criminal trial, the liberty interests of parolees are significant enough to warrant some procedural protections.

Conclusion

The Supreme Court reversed the lower court's decision and remanded the case, establishing that due process protections must be afforded to parolees prior to revocation of their parole.

Who won?

Morrissey and Booher prevailed in the case as the Supreme Court ruled in their favor, establishing that due process protections are necessary for parole revocation.

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