Does a defendant have a right to confront and cross-examine adverse witnesses at a parole revocation hearing?

California, United States of America


The following excerpt is from People v. Shareef, B275785 (Cal. App. 2017):

It is well settled that "the revocation of parole is not part of a criminal prosecution and thus the full panoply of rights due a defendant in such a proceeding does not apply to parole revocations." (Morrissey v. Brewer (1972) 408 U.S. 471, 480.) Federal due process nonetheless requires some minimum procedural requirements be followed at a revocation hearing, including a defendant's "right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation)." (Id. at p. 489; accord, People v. Arreola (1994) 7 Cal.4th 1144, 1152-1153.)

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