Scarpelli Case Summary

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A year later, there is the case of Gagon v. Scarpelli, 411 U.S. 778 (1973), the court had held that the parolees will have limited to receive counsel within the revocation proceedings and with that, the hearing body will have to determine, with a case-by-case basis, and that is whether the counsel should be afforded. While there is a need for it not to be granted with all of the cases, where the counsel should be provided where it is after having been informed of his right, by the request of the parolee's counsel, that is based on the timely and of the colorable claim and that he had not committed of the alleged violation or that is of the violation that is the matter of the public record or that is uncontested, those are the substantial reasons that are in the justification or of the mitigation that will make the revocation inappropriate.

There is the exclusionary rule issue that remained unanswered. While there is evidence that has been seized illegally it cannot be used during the …show more content…
After he was apprised of his constitutional rights, Scarpelli had admitted that himself Kleckner did break into the house with the intent to steal any merchandise they could find along with any money they would come across, even if Scarpelli would assert that the statement he had made was under duress and the statement is false. That is when his probation had been revoked by the Wisconsin Department on the 1st of September, there was no hearing. There were grounds for the revocation and that was:

"1. [Scarpelli] has associated with known criminals, in direct violation of his probation regulations and his supervising agent's instructions;

"2. [Scarpelli,] while associating with a known criminal, namely Fred Kleckner, Jr., was involved in, and arrested for, burglary . . . in Deerfield, Illinois." App.
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