What due process rights does a defendant have in a revocation proceeding?

California, United States of America


The following excerpt is from People v. Taylor, A143008 (Cal. App. 2016):

The due process rights established in Morrissey for parole revocation proceedings are not " ' "the full panoply of rights due a defendant [in a criminal prosecution]." ' " (People v. Rodriguez (1990) 51 Cal.3d 437, 441.) They do, however, include "(1) written notice of claimed violations, (2) disclosure of adverse evidence, (3) the right to confront and cross-examine witnesses, (4) a neutral and detached hearing board, and (5) a written statement by the fact finders as to the evidence relied on and the reasons for revocation." (Ibid.) The standard of proof is preponderance of the evidence. (Id. at p. 447.)

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