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Case history; Prior: Scarpelli v. Gagnon, 317 F. Supp. 72 (E.D. Wis. 1970); affirmed sub. nom., Gunsolus v. Gagnon, 454 F.2d 416 (7th Cir. 1971): Holding; A preliminary and final revocation of probation hearings are required by Due Process; the judicial body overseeing the revocation hearings shall determine if the probationer or parolee requires counsel; denying representation of counsel must ...
The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for imprisonment, [1] or in addition to home detention, [2] while the latter is imposed in addition to imprisonment.
Case history; Prior: Bearden v. State, 161 Ga. App. 640, 288 S.E.2d 662 (Ct. App. 1982); cert. granted, 458 U.S. 1105 (1982).: Holding; A sentencing court cannot properly revoke a defendant's probation for failure to pay a fine and make restitution, absent evidence and findings that he was somehow responsible for the failure or that alternative forms of punishment were inadequate to meet the ...
Granting early termination to a defendant who has violated 11 conditions of probation, the judge said, would “signal to the many defendants who have faithfully adhered to their conditions of ...
Griffin v. Wisconsin, 483 U.S. 868 (1987), was a case decided by the Supreme Court of the United States on June 26, 1987. The court decided that the warrantless search of a probationer's residence based on "reasonable grounds" in accordance with a state probation regulation did not violate the Fourth Amendment.
The concept of probation, from the Latin, probatio, "testing", has historical roots in the practice of judicial reprieve.In English common law, prior to the advent of democratic rule, the courts could temporarily suspend the execution of a sentence to allow a criminal defendant to appeal to the monarch for a pardon.
In addition, if the offender violates the rules of probation, they could be resent to the court and likely to receive additional sentence or probation extension. Violation of probation typically includes committing another crime, failure to attend meeting and appointments without decent reasons, aggressive, racist or other morally unacceptable ...
Wolff v. McDonnell, 418 U.S. 539 (1974), was a United States Supreme Court case in which the Court held that prisoners retained some due process rights when incarcerated. . In particular, the Court ruled that due process required that prison disciplinary decisions to revoke good-time credits must be accompanied by notification of the inmate, administrative hearings, the chance to call ...