Scarpelli Summary

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In Gagnon v. Scarpelli the Supreme Court reaffirmed the right to due process for convicted offenders placed on probation and probation (Jenkins, 1974). Therefore, the Court stated the Federal District Court in Wisconsin failed to afford Scarpelli his right due process under the Fourteenth Amendment by revoking his probation without a hearing (Jenkins, 1974). Furthermore, in Gagnon v. Scarpelli the Supreme Court specifically addressed an additional due process right, which was the right to counsel during probation or parole proceedings, citing substantial rights are required at those proceedings requiring the assistance of counsel (Jenkins, 1974). Since we are now aware of how Scarpelli’s due process rights were violated, let us analyze the …show more content…
Furthermore, for the state of Wisconsin to secure a criminal conviction against Gerald Scarpelli, the prosecutor was required to prove beyond a reasonable doubt that Scarpelli committed the crime of armed robbery. Beyond a reasonable doubt is defined to juries as moral certainty to let the mind rest easy as to the certainty of guilt (Metropolitan Nashville Police Department Academy, 2015). Subsequently, Scarpelli was granted probation, and placed under a Parole Agreement and a Travel Permit and Agreement to return allowing Scarpelli to return home to Illinois (Jenkins, 1974). Consequently, approximately a month after his release, Scarpelli was arrested in Illinois on the suspicion of committing burglary (Jenkins, 1974). Thus, this lead to the revocation of his probation in Wisconsin without either a preliminary or final revocation proceeding (Jenkins, 1974). Additionally, after Gagnon v. Scarpelli the Supreme Court cited during a probation or parole revocation hearing the standard of proof is preponderance of the evidence (Fisher, 1974). To establish the preponderance of the evidence more than half of the evidence must suggest guilt; therefore, just enough to tip the scales of justice (Metropolitan Nashville Police Department Academy,
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