GPO-CONAN-2017-10-15.pdf

Toration to society and that there was no adversary

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toration to society and that there was no adversary relationship between the board and the parolee. 1299 389 U.S. 128 (1967). 1300 408 U.S. 471 (1972). 1301 408 U.S. at 480, 482. 1302 408 U.S. at 483. 2070 AMENDMENT 14—RIGHTS GUARANTEED
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as convenient after arrest while information is fresh and sources are available, and should be conducted by someone not directly in- volved in the case, though he need not be a judicial officer. The pa- rolee should be given adequate notice that the hearing will take place and what violations are alleged, he should be able to appear and speak in his own behalf and produce other evidence, and he should be allowed to examine those who have given adverse evi- dence against him unless it is determined that the identity of such informant should not be revealed. Also, the hearing officer should prepare a digest of the hearing and base his decision upon the evi- dence adduced at the hearing. 1303 Prior to the final decision on revocation, there should be a more formal revocation hearing at which there would be a final evalua- tion of any contested relevant facts and consideration whether the facts as determined warrant revocation. The hearing must take place within a reasonable time after the parolee is taken into custody and he must be enabled to controvert the allegations or offer evidence in mitigation. The procedural details of such hearings are for the states to develop, but the Court specified minimum requirements of due process. “They include (a) written notice of the claimed vio- lations of parole; (b) disclosure to the parolee of evidence against him; (c) opportunity to be heard in person and to present witnesses and documentary evidence; (d) the right to confront and cross- examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a ‘neutral and detached’ hearing body such as a traditional parole board, mem- bers of which need not be judicial officers or lawyers; and (f) a writ- ten statement by the factfinders as to the evidence relied on and the reasons for revoking parole.” 1304 Ordinarily, the written state- ment need not indicate that the sentencing court or review board considered alternatives to incarceration, 1305 but a sentencing court must consider such alternatives if the probation violation consists of the failure of an indigent probationer, through no fault of his own, to pay a fine or restitution. 1306 The Court has applied a flexible due process standard to the provision of counsel. Counsel is not invariably required in parole or probation revocation proceedings. The state should, however, pro- vide the assistance of counsel where an indigent person may have difficulty in presenting his version of disputed facts without cross- examination of witnesses or presentation of complicated documen- 1303 408 U.S. at 484–87.
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