What rights do a defendant have in a revocation of parole hearing?

California, United States of America


The following excerpt is from People v. Rodriguez, 272 Cal.Rptr. 613, 51 Cal.3d 437, 795 P.2d 783 (Cal. 1990):

In Morrissey v. Brewer (1972) 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484, the court pointed out that as revocation of parole is not part of a criminal prosecution, "the full panoply of rights due a defendant in such a proceeding does not apply to parole revocations." (Morrissey v. Brewer, supra, 408 U.S. at p. 480, 92 S.Ct. at p. 2599.) The court then listed the "minimum requirements of due process" for parole revocation hearings. (408 U.S. at pp. 488-489, 92 S.Ct. at pp. 2603-2604.) These requirements are: (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. (Morrissey v. Brewer, supra, 408 U.S. at p. 489, 92 S.Ct. at p. 2604.)

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