Gagnon V. Scarpelli Case Summary

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The case of Gagnon v. Scarpelli in 1973, is the reason Gagnon hearings exist today. In this case, the state of Wisconsin revoked Scarpelli's probation without a hearing after his alleged admission to police of a probation violation. The U.S. Supreme Court ruled eight to one that Scarpelli's due process rights were violated due to the State of Wisconsin refusing to give him a hearing prior to revoking his probation. As a result, all state and federal courts must first hold Gagnon hearings before revoking an offender's probation. These due process laws exist in order to protect the privacy rights of United States citizens in legal proceedings. The Fifth and Fourteenth Amendments to the United States Constitution acknowledges that no individual
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Gagnon V. Scarpelli Case Summary

In reviewing the facts of the case of Gagnon v. Scarpelli, 411 U.S. 778 (1973), we find that the respondent, Gerald H. Scarpelli, who had been convicted of armed robbery and sentenced to 15 years imprisonment (suspended), but was serving 7 years’ probation, was apprehended in Illinois while burglarizing a residence. When questioned and after being advised of his Miranda rights, Gerald Scarpelli admitted to officials that he and his co-defendant Kleckner burglarized the residence seeking money and…

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