Does the corpus delicti rule apply at a probation revocation hearing?

California, United States of America


The following excerpt is from People v. Monette, 25 Cal.App.4th 1572, 31 Cal.Rptr.2d 203 (Cal. App. 1994):

The nature of a probation revocation hearing, however, does not require the application of the corpus delicti rule. "In placing a criminal on probation, an act of clemency and grace [citation], the state takes a risk that the probationer may commit additional antisocial acts. Where probation fails as a rehabilitative device, as evidenced by the probationer's failure to abide by the probation conditions, the state has a great interest in being able to imprison the probationer without the burden of a new adversary criminal trial. [Citation.]" (People v. Rodriguez (1990) 51 Cal.3d 437, 445, 272 Cal.Rptr. 613, 795 P.2d 783.) The role of the trial court at a probation revocation hearing is not to determine whether the probationer is guilty or innocent of a crime but whether he can be safely allowed to remain in society. (People v. Hayko (1970) 7 Cal.App.3d 604, 610, 86 Cal.Rptr. 726.)

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