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 merchandise. As a result of Scarpelli’s violation of the terms of his probation, which included the affiliation with known criminals and the involvement in criminal activity (burglary), his probation was revoked without a hearing or legal representation. As such, Scarpelli was sentenced to serve the original 15-year sentence at the Wisconsin State Reformatory located in Green Bay Wisconsin (FindLaw's United States Supreme Court case and opinions, n.d.). The issues as argued by the respondent was the …show more content…
Brewer, 408 U.S. 471, which found “once parole is granted, it is no longer just a privilege but a right… parolees should be granted certain due process rights in any parole revocation proceeding” (Latessa, E. J., & Smith, P., 2011). These minimum rights are identified as the right to an advanced written notification of inquiry, the purpose of the inquiry, and the alleged violations to have been committed; disclosure of evidence possessed against the defendant; a neutral hearing party; the opportunity to be heard in court (in person) and present evidence and witnesses on their behalf; the right to cross-examine and confront witnesses; and the provision of a written statement by the hearing board of the evidence used and reasons gathered to revoke the parole (Latessa, E. J., & Smith, P.,

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Gagnon V. Scarpelli Case Summary