morrissey v brewer

Given these factors, most States have recognized that there is no interest on the part of the State in revoking parole without any procedural guarantees at all.12 What is needed is an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior. Parole is commonly revoked on mere suspicion that the parolee may have committed a crime. No interest would be served by formalism in this process; informality will not lessen the utility of this inquiry in reducing the risk of error.

'It is not sophistic to attach greater importance to a person's justifiable reliance in maintaining his conditional freedom so long as he abides by the conditions of his release, than to his mere anticipation or hope of freedom.' 66����y%@��wfJq4H�@!� H��T��$�����U����B��I��9Ds@bQ*P�1�� �f�C̲��1�b�!�xsQbdH�l� ��;$ These conditions restrict their activities substantially beyond the ordinary restrictions imposed by law on an individual citizen. The American Correctional Association states in its Manual of Correctional Standards 279 (3d ed. Release of the parolee before the end of his prison sentence is made with the recognition that with many prisoners there is a risk that they will not be able to live in society without committing additional antisocial acts. 397 U.S., at 262—263, 90 S.Ct., at 1017—1018. Such a determination would be sufficient to warrant the parolee’s continued detention and return to the state correctional institution pending the final decision. Booher filed several petitions for a writ of habeas corpus in state district court between November 1969 and March 1970; the district court dismissed all of Booher’s petitions. Chase v. Page, 456 P.2d 590, 594 (Okl.Crim.App.1969). The hearing should be the basis for consideration of possible reinstatement to parole supervision on the basis of the findings of fact or of reparole where it appears that further incarceration would serve no useful purpose.' However, if the hearing officer determines that an informant would be subjected to risk of harm if his identity were disclosed, he need not be subjected to confrontation and cross-examination. With respect to the preliminary hearing before this officer, the parolee should be given notice that the hearing will take place and that its purpose is to determine whether there is probable cause to believe he has committed a parole violation. In August 1969, at his parole officer's direction, he was arrested in his home town for a violation of his parole and confined in the county jail several miles away. Moreover, in each case the decisionmaker must be impartial, there must be some record of the proceedings, and the decisionmaker's conclusions must be set forth in written form indicating both the evidence and the reasons relied upon. To say that the concept of due process is flexible does not mean that judges are at large to apply it to any and all relationships. However, we need make no assumptions one way or the other to conclude that there should be an uninvolved person to make this preliminary evaluation of the basis for believing the conditions of parole have been violated. It is a narrow inquiry; the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial. .' The State responded by arguing that no hearing was required. Pursuant to his guilty plea, Booher was convicted of forgery in 1966 and sentenced to a maximum term of 10 years. 2d 484, 1972 U.S. LEXIS 19 (U.S. June 29, 1972) . We turn to an examination of the nature of the interest of the parolee in his continued liberty. Additionally, the majority reasoned that the parolee has no statutory right to remain on parole. § 41—17—28 (1972); N.Y.Correction Law, McKinney's Consol.Laws, c. 43, § 212, subd. 254, 291, 318 F.2d 225, 262 (1963) (concurring in part and dissenting in part): 'Where serious violations of parole have been committed, the parolee will have been arrested by local or federal authorities on charges stemming from those violations. We turn to an examination of the nature of the interest of the parolee in his continued liberty. Bey v. Connecticut Board of Parole, 443 F.2d 1079, 1086 (CA2 1971). Such an inquiry should be seen as in the nature of a “preliminary hearing” to determine whether there is probable cause or reasonable ground to believe that the arrested parolee has committed acts that would constitute a violation of parole conditions. Pp. The few basic requirements set out above, which are applicable to future revocations of parole, should not impose a great burden on any State's parole system.

The conditions of parole serve a dual purpose; they prohibit, either absolutely or conditionally, behavior that is deemed dangerous to the restoration of the individual into normal society. § 40—3619 (1955); Vernon's Ann.Tex.Code Crim.Proc., Art. Additionally, parolees must regularly report to the parole officer to whom they are assigned and sometimes they must make periodic written reports of their activities. All but nine States now hold hearings on revocation of probation and parole, some with trial-type rights including representation by counsel. 'A fundamental problem with (the right-privilege) theory is that probation is now the most frequent penal disposition just as release on parole is the most frequent form of release from an institution. It is hardly useful any longer to try to deal with this problem in terms of whether the parolee's liberty is a 'right' or a 'privilege.' As Mr. Justice Blackmun has written recently, 'this Court now has rejected the concept that constitutional rights turn upon whether a governmental benefit is characterized as a 'right' or as a 'privilege." Once it is determined that due process applies, the question remains what process is due. Supervision is not directly by the court but by an administrative agency, which is sometimes an arm of the court and sometimes of the executive. Most States have done so by legislation, others by judicial decision usually on due process grounds.15 Our task is limited to deciding the minimum requirements of due process. 480—482. We reverse and remand to the Court of Appeals for further proceedings consistent with this opinion. We must therefore treat this case in the posture and on the record respondents elected to rely on in the District Court and the Court of Appeals. 1 and 2. As to conditions limiting constitutional rights see id., at 313—324, 326—339.

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