Preview

Gagnon I Hearing Analysis

Good Essays
Open Document
Open Document
424 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Gagnon I Hearing Analysis
In just a year period, the United States Supreme Court issued rulings in Morrissey v. Brewer and Gagnon v. Scarpelli (O’Leary & Hanrahan, 1978). These cases set a precedence on how the process for depriving liberty for those on probation or parole (O’Leary & Hanrahan, 1978). It ultimately created the two-part hearing process, which is know as Gagnon I and Gagnon II hearings (O’Leary & Hanrahan, 1978).

The Gagnon I hearing is what is commonly known as the preliminary hearing (O’Leary & Hanrahan, 1978). A Gagnon I hearing should occur in the jurisdiction where the offense happened and should be conducted without little delay (O’Leary & Hanrahan, 1978). The main purpose of the Gagnon I hearing is to establish if there was probable cause
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Powerful Essays

    Gerald Scarpelli Case Summary
    • 886 Words
    • 4 Pages

    Gerald Scarpelli Case Summary

    Brewer, 408 U.S. 471 (1972). There we held that the revocation of parole is not a part of a criminal prosecution. "Parole arises after the end of the criminal prosecution, including imposition of sentence. . . . Revocation deprives an individual, not of the absolute liberty to which every citizen is entitled, but only of the conditional liberty properly dependent on observance of special parole restrictions." Even though the revocation of parole is not a part of the criminal prosecution, we held that the loss of liberty entailed is a serious deprivation requiring that the parolee be remitted due process. Specifically, we held that a parolee is entitled to two hearings, one a preliminary hearing at the time of his arrest and detention to determine whether there is probable cause to believe that he has committed a violation of his parole, and the other a somewhat more comprehensive hearing prior to the making of the final revocation…

    • 886 Words
    • 4 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    The Coatesville Fires in Pennsylvania
    • 647 Words
    • 2 Pages

    The Coatesville Fires in Pennsylvania

    The next step after presentence investigation would be the intake procedure which is a settlement process in which a probation officer works with the defendant. All the information gathered during the presentence investigation will be revealed to the…

    • 647 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Judical Selection Process in Pa and Arizona
    • 1011 Words
    • 5 Pages

    Judical Selection Process in Pa and Arizona

    References: Carp, Robert A., Ronald Stidham, and Kenneth L. Manning. "chapter 6." Judicial process in America. 8th ed. Washington, D.C.: CQ Press, 2011. 125. Print.…

    • 1011 Words
    • 5 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    BRANDENBURG brief
    • 331 Words
    • 1 Page

    BRANDENBURG brief

    The appellant was convicted by the Ohio criminal syndicalism for statue Ohio Rev. Code Ann. 2923.13. The appellant challenged the constitutionalism of his conviction in intermediate appellate court of Ohio, but the affirmed his conviction. The supreme court of Ohio dismissed his appeal.…

    • 331 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Better Essays

    No Matter How Loud I Shout Summary
    • 1442 Words
    • 6 Pages

    No Matter How Loud I Shout Summary

    Instead Humes proves that the ineptitude of the court system can only be fixed once everyone in the system has the same goal and is willing to put aside all outside factors such as race or relation in order to fulfill the courts original wish, to rehabilitate and heal. I thought that the book No Matter How Loud I Shout was enjoyable to read as I hope to have a job in the juvenile judicial system as a Court Appointed Special Advocate for children. However, for a reader with no prior knowledge about the juvenile court system, can be widely confusing due to the use of judicial jargon and little background information. For a reader with enough judicial knowledge the book provides an aggravating look into the flaws of the court system and how it affects today’s…

    • 1442 Words
    • 6 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    In What Ways Did Religion and Economics Influence the Development of Medieval Europe and Japan?
    • 391 Words
    • 2 Pages

    In What Ways Did Religion and Economics Influence the Development of Medieval Europe and Japan?

    •legal decisions were also now influenced by the judges’ interpretation of previous court decisions; this made rulings more consistent so that the same crime couldn’t be punished in two different ways…

    • 391 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Revocation Hearing In The Gagnon Case
    • 255 Words
    • 2 Pages

    Revocation Hearing In The Gagnon Case

    In regards to the Cagnon case, a rule of law was established that not only afforded probationers their due process rights, but ensured those rights. The law states that if they were alleged to be in violation of the stipulations of their probation, which had been so ordered by the courts, they must be given the right to present their case at a revocation hearing before being incarcerated. In fact the probationer is given dates for two separate hearings; first they are granted a “preliminary hearing”, called a "pre-revocation hearing", or “Gagnon I hearing”, which determines whether they must be incarcerated while awaiting an actual second hearing, which is called the “revocation hearing” or “Gagnon II hearing” (Latessa and Smith 2011). It is possible that they can be released while awaiting the second…

    • 255 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Zero Tolerance Case Study
    • 1984 Words
    • 8 Pages

    Zero Tolerance Case Study

    1.In 1967 in In Re Gault the U.S. Supreme Court stated that “the condition of being boy does not justify a kangaroo court” thus ruling that the constitution applies to proceedings in the juvenile court. The term “kangaroo court” refers to judicial proceedings that have the appearance of fairness but are not because outcomes are predetermined in advance of the trial. Describe how Judge Civarelli denied juveniles their constitutional rights.…

    • 1984 Words
    • 8 Pages
    Good Essays
    Read More
  • Powerful Essays

    Illegal Searches of Prisoners and Those on Parole and Probation
    • 2812 Words
    • 12 Pages

    Illegal Searches of Prisoners and Those on Parole and Probation

    References: Adelman, Stanley E. (2006). U.S. V Knights: Supreme Court Rules on Searches of Probation by…

    • 2812 Words
    • 12 Pages
    Powerful Essays
    Read More
  • Satisfactory Essays

    The Gacaca Judicial Process
    • 189 Words
    • 1 Page

    The Gacaca Judicial Process

    “The gacaca judicial process is significantly different from conventional trials. To begin with the formal criminal justice procedures and gacaca courts have different goals. First, wliereas trials pursue tmth through adversarial disclosures before an impartial judge, the gacaca process encourages voluntary confession through forgiveness. Such forgiveness is granted by individuals who voluntarily give up hatred and resentment towards offenders and by the state through reduced punishment. Second, trials and gacaca have different goals. Whereas trials seek to identify offenders and to prosecute them for their illegal behavior, gacaca is chiefly concerned with overcoming animosity and distmst and restoring relationships. To help restore offenders,…

    • 189 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Court History and Purpose
    • 745 Words
    • 3 Pages

    Court History and Purpose

    The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…

    • 745 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Minors Rights: Supreme Court
    • 880 Words
    • 4 Pages

    Minors Rights: Supreme Court

    In Re Gault was the Supreme Court’s “first foray” (Dorsen) into the rights of minors as decided by the Constitution. Fifteen year old Gerald Gault was taken into custody for making lewd comments to a neighbor, over the phone. His parents were not notified and he was not given access to an attorney. He was not notified of his right not to self-incriminate and was eventually convicted as an adult and sentenced to jail until age 21. If he had been tried as an adult, it would have been a misdemeanor. Before this case it was considered that minors had no rights until they turned 18 and were legally considered an Adult. "Under our Constitution the condition of being a boy does not justify a kangaroo court. …Due process is the primary and indispensable foundation of individual freedom. It is the basic and essential term in the social compact which defines the rights of the individual and delimits the powers which the state may exercise…." (Fortas). The supreme court definitely interpreted the constitution correctly because the constitution states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This is saying that juveniles accused of a crime must have the same…

    • 880 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Sentencing Proposal
    • 1139 Words
    • 5 Pages

    Sentencing Proposal

    The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…

    • 1139 Words
    • 5 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Juvenile Justice System Analysis
    • 258 Words
    • 2 Pages

    Juvenile Justice System Analysis

    The impact of the Gualt decision on the juvenile justice system can be broken down to four important parts. One is that juveniles were now allowed the right to counsel. Another is that juveniles were allowed a notice of charges. Also juveniles were given the right to confront and cross examine witnesses. Juveniles also gained the right to…

    • 258 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Satisfactory Essays

    History of Juvenile Justice
    • 341 Words
    • 2 Pages

    History of Juvenile Justice

    *In re Gault(1967) case that determined the constitution requires separate juvenile justice system with certain standard procedures and protections…

    • 341 Words
    • 2 Pages
    Satisfactory Essays
    Read More

Related Topics