Gagnon V. Scarpelli Case Brief

Words: 303
Pages: 2

In the case of Gagnon v. Scarpelli, the United States Supreme Court ruled that “Due process mandates preliminary and final revocation hearings in the case of a probationer under the same conditions as are specified in Morrissey v. Brewer” (Justia,n.d.). This decision was made based off of the Fourteenth Amendment, mandating hearings to parole or probation violators because of the chance of them losing their liberty of freedom and being sent back to jail or prison. Upon being arrested for a new case or picked up for a technical violation of one’s probation or parole, a hearing is conducted to determine if a person stays in jail before they appear in front of a judge. This is known as a Gagnon I hearing and the final hearing is known as the Gagnon