U.S. flag
      An official website of the United States government, Department of Justice.
        Here's how you know
      Here's how you know**Official websites use .gov**
            
            A **.gov** website belongs to an official government organization in the United States.
      **Secure .gov websites use HTTPS**
            
            A **lock** (
            A locked padlock
            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. Menu

      
        close

            
            
                                              About NIJ
        
                    
  
          About NIJ
      
    
          The NIJ Director
          How NIJ Is Organized
          Mission and Guiding Principles
          Research and Development Process
          Strategic Framework
          Assessments of NIJ
          Annual Reports & Reports to Congress
          Staff Directory
          Funding & Awards
        
                    
  
          Funding & Awards
      
    
          Current Funding
          Forthcoming Funding
          Expired Funding
          Awards: Listing of Funded Projects
          Guidance for Applicants and Awardees
          Fellowship & Student Programs
          Travel Scholarships
          NIJ Challenge Program
          Library & Multimedia
        
                    
  
          Library & Multimedia
      
    
          NIJ Journal
          Podcasts
          Publications Listing
          Multimedia Listing
          Rated Practices on CrimeSolutions
          Rated Programs on CrimeSolutions
          Software & Databases
          Datasets
          Patents
          Topics
        
                    
  
          Topics
      
    
          Article Listing
          Corrections
          Courts
          Crime Prevention
          Crimes
          Drugs and Crime
          Equipment and Technology
          Forensic Sciences
          Youth Justice
          Justice System Reform
          Law Enforcement
          Tribal Crime and Justice
          Victims of Crime
          Events
        
                    
  
          Events
      
    
          NIJ 2024 Research Conference
          Scheduled Events
          On-Demand Events
          Research Meetings & Workshops
          NIJ-Hosted Online Training

                            
                                About
          Contact Us
          Subscribe
          Topics A-Z
                  Share
FacebookXLinkedInRedditPinterestEmail Home
                            Library & Multimedia
 Parole Revocation - A Primer
NCJ Number
              72925

Author(s)
          F S Merritt
Date Published

January 1980
Length
              46 pages
Annotation
              This paper, an introduction to the procedures employed in parole revocation, is written to assist paroling authority members to understand the legal problems which are involved in implementing the relevant Supreme Court decisions.
Abstract
              In Morrissey v. Brewer (1972), the Supreme Court recognized that the conditional liberty which an individual enjoyed on parole was within the scope of liberty protected by the 5th and 14th amendments' due process clauses. The Court not only delineated minimum requirements of a revocation hearing, it also required a final revocation hearing. Gagnon v. Scarpelli (1972) determined that the inmate had a qualified right to counsel which applies if the inmate raises a substantial issue regarding the question of parole violation or if the issues raised are so complex that the inmate would need the assistance of counsel to comprehend and organize a presentation. A revocation hearing must take place within a reasonable time after the parolee is taken into custody. A notice, informing the parolee fo the time and place of the hearing should also contain a detailed explanation of the charges. Evidentiary problems relating to revocation hearings include the burden of proof, the quantity and quality of evidence to be admitted, the existence of privileges, and the extent of confrontation and cross-examination. The practical effect of the application of the substantial evidence requirement to revocation hearings is to require that sufficient direct evidence, whether circumstantial or not, be introduced to permit the hearing body to find that the State, and not the inmate, has carried the burden of proof. The exclusionary rule is applicable in revocation hearings where police or parole officers have obtained evidence for the sole purpose of effectuating a parole revocation. The privilege against self-incrimination, which the Court has applied to prison disciplinary proceedings, should seemingly apply in parole revocation proceedings. To minimize any possible delay of the revocation hearing, a preliminary hearing is required to determine probable cause and the applicability of revocation as the proper remedy. In order to facilitate review of the decision and to demonstrate the proper exercise of discretion, the paroling authority is required to make a written statement of decision containing the evidence relied upon and the reason for revocation.  Footnotes with references are included.
      
  
          Additional Details
Agencies
        NIJ-Sponsored
    
  
  
Date Published: January 1, 1980
    
          Downloads
        
                      *No download available*

Side navigation
  

        

  
  
              NIJ Journal
    
      
            
            
            
      Podcasts
    
      
            
            
            
      Publications Listing
    
      
            
            
            
      Multimedia Listing
    
      
            
            
            
      Rated Practices on CrimeSolutions
    
      
            
            
            
      Rated Programs on CrimeSolutions
    
      
            
            
            
      Software & Databases
    
      
            
            
            
      Datasets
    
      
            
            
            
      PatentsRelated Topics
        
                Parole violations
        Burden of proof
        Hearings
        Right to counsel
        Parole officers



  
Similar Publications
        
                      Unauthorized Immigration, Crime, and Recidivism: Evidence from Texas
                  Proactive monitoring and operator discretion: A systematic social observation of CCTV control room operations
                  Establishing Key Facts About Restrictive Housing—A Systems-Level Descriptive Analysis of Restrictive Housing and the Implications for Theory, Research, and Policy
 Top

      National Institute of Justice

        
        
                        About NIJ
                    About NIJ
      
    
                  How NIJ Is Organized
      
    
                  NIJ Director
      
    
                  Research Disclaimer
      
    
                  Funding & Awards
                    Funding & Awards Home
      
    
                  Awards Listing
      
    
                  Current Funding
      
    
                  Guidance for Applicants and Awardees
      
    
                  Resources
                    Events
      
    
                  Podcasts
      
    
                  Publications
      
    
                  Topics
      
    
                  Multimedia
      
    
                  Reuse Policy
      
    
                  Contacts
                    Contact NIJ
      
    
                  Staff Directory
      
    
                  Submit a FOIA Request
      
    
                  File a Civil Rights ComplaintFacebook
          
                      X
          
                      YouTube
  

      810 7th St. NW, Washington, D.C. 20531
      
              Secondary Footer link menu
            Accessibility
              Plain Language
              Privacy Policy
              Legal Policies and Disclaimer
              No FEAR Act
              Freedom of Information Act
              USA.gov
              Justice.gov