Is revocation of parole a criminal proceeding?
California, United States of America
The following excerpt is from People v. Smolkin, A150585 (Cal. App. 2017):
"[R]evocation 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. [Citation] . . . 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." (Morrissey v. Brewer (1972) 408 U.S. 471, 480.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between parole revocation proceedings and probation revocation proceedings? (California, United States of America)
What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
Does a parole revocation fine under section 1202.45 of the California Criminal Code apply to a defendant who has been sentenced to life without parole? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
Does the privilege of a witness in a civil proceeding, civil or criminal proceeding, to refuse to answer particular questions which may tend to incriminate him or her in criminal activity? (California, United States of America)
What is the test for a defendant in a criminal proceeding in a state or federal criminal proceeding? (California, United States of America)
Can a court impose a parole revocation fine on a criminal defendant who has served a sentence that includes a period of time on parole? (California, United States of America)
Is a criminal sentence credited with jail time or prison time attributable to a parole or probation revocation that was based only on the same criminal episode? (California, United States of America)
Is a habeas corpus proceeding a continuation of a criminal proceeding? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
