Gagnon v. Scarpelli
Encyclopedia
Gagnon v. Scarpelli, was the second substantive ruling by the United States Supreme Court
regarding the rights of individuals in violation of a probation
or parole
sentence.
The case involved Gerald Scarpelli, a man serving a probation sentence in the State of Wisconsin
for armed robbery
. While the Judge sentenced Scarpelli to 15 years imprisonment, the Judge suspended Scarpelli's sentence and ordered him to serve 7 years probation. After the probation sentence began, Scarpelli was arrested for burglary
in Illinois
. Scarpelli's probation was revoked by the Wisconsin Department of Public Welfare subsequent to his confession to police that he was involved in the burglary. The confession in question was later challenged by Scarpelli as being made under duress
. After the revocation proceedings, Scarpelli was incarcerated.
After 3 years incarceration, Scarpelli challenged the revocation of his probation because he was not afforded a hearing on the matter. The State of Wisconsin argued that his probation was violated for two legitimate reasons: Scarpelli had been associating with felons in general and Scarpelli was associated with a known felon at the time of his arrest.
Justice Lewis Powell
delivered the opinion of the court, holding that:
Regarding the first part of the ruling, the probation sentence of an individual cannot be revoked without a hearing. If a probationer commits a violation of their probation, that probation sentence can be revoked only after holding a final violation hearing. The Court explained:
The Court dismissed the unilateral denial of counsel to a probationer when they are arrested on new charges within the period of probation. Instead, the Court stated a determination if counsel should be provided shall be made on a case-by-case basis. Justice Powell wrote for the majority:
A violation of probation does not necessarily mean that a violation occurred beyond a reasonable doubt
; instead, the standard of evidence required is that the violation occurred by the preponderance of evidence.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
regarding the rights of individuals in violation of a probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
or parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
sentence.
The case involved Gerald Scarpelli, a man serving a probation sentence in the State of Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
for armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
. While the Judge sentenced Scarpelli to 15 years imprisonment, the Judge suspended Scarpelli's sentence and ordered him to serve 7 years probation. After the probation sentence began, Scarpelli was arrested for burglary
Burglary
Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
in Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
. Scarpelli's probation was revoked by the Wisconsin Department of Public Welfare subsequent to his confession to police that he was involved in the burglary. The confession in question was later challenged by Scarpelli as being made under duress
Duress
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat or other pressure against the person. Black's Law Dictionary defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner...
. After the revocation proceedings, Scarpelli was incarcerated.
After 3 years incarceration, Scarpelli challenged the revocation of his probation because he was not afforded a hearing on the matter. The State of Wisconsin argued that his probation was violated for two legitimate reasons: Scarpelli had been associating with felons in general and Scarpelli was associated with a known felon at the time of his arrest.
Supreme Court Decision
The Supreme Court held, in an 8-1 decision, that a probationer's sentence can only be revoked after a preliminary revocation hearing and final revocation hearing. These hearings are now known as the Gagnon I and Gagnon II hearings, respectively.Justice Lewis Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
delivered the opinion of the court, holding that:
- Scarpelli should be given a hearing regarding the status of his probation,
- Scarpelli was entitled to a writWritIn common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, and - The Wisconsin Department of Public Welfare should have been directed to 'consider' providing the assistance of counsel to Scarpelli in dealing with his new charge of burglary.
Regarding the first part of the ruling, the probation sentence of an individual cannot be revoked without a hearing. If a probationer commits a violation of their probation, that probation sentence can be revoked only after holding a final violation hearing. The Court explained:
- When the (Parole Officer's) view of the probationer's or parolee's conduct differs in this fundamental way from the latter's own view, due process requires that the difference be resolved before revocation becomes final. Both the probationer or parolee and the State have interests in the accurate finding of fact and the informed use of discretion - the probationer or parolee to insure that his liberty is not unjustifiably taken away and the State to make certain that it is neither unnecessarily interrupting a successful effort at rehabilitation nor imprudently prejudicing the safety of the community.
The Court dismissed the unilateral denial of counsel to a probationer when they are arrested on new charges within the period of probation. Instead, the Court stated a determination if counsel should be provided shall be made on a case-by-case basis. Justice Powell wrote for the majority:
- The differences between a criminal trial and a revocation hearing do not dispose altogether of the argument that under a case-by-case approach there may be cases in which a lawyer would be useful but in which none would be appointed because an arguable defense would be uncovered only by a lawyer. Without denying that there is some force in this argument, we think it a sufficient answer that we deal here, not with the right of an accused to counsel in a criminal prosecution, but with the more limited due process right of one who is a probationer or parolee only because he has been convicted of a crime.
Impact of the Gagnon decision
All probationers in the United States that incur a violation or multiple violations are guaranteed certain hearings before any permanent, punitive action is taken. A Gagnon I hearing occurs when a probationer is taken into custody for an alleged violation hearing; this first hearing determines if the probation should remain in custody or be released back into the community. A Gagnon II hearing is the final revocation procedure. A determination on the status of the probation is made, and if the probationer is found in violation, a sentence for the violation is handed down by the Judge.A violation of probation does not necessarily mean that a violation occurred beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
; instead, the standard of evidence required is that the violation occurred by the preponderance of evidence.