Gagnon V. Scarpelli Case Summary

Originating in the Wisconsin Eastern U.S. District Court, the Supreme Court case of Gagnon v. Scarpelli (1973), involved a Wisconsin State Agency (Gagnon, Warden v. Scarpelli, n.d.). Later appealed to the U.S. Court of Appeals, Seventh Circuit, this case was ruled in a liberal direction and concluded that the earlier decision is affirmed (Gagnon, Warden v. Scarpelli, n.d.). Case factors include violations of the Fourteenth Amendment right to due process and the need for counsel at a revocation hearing (Gagnon, Warden v. Scarpelli, n.d.). Moreover, in this case, the court held that parolees do have a limited right to counsel in revocation proceedings (Latessa & Smith, 2015). Furthermore, that the body must determine on a case-by-case basis whether counsel should be afforded, as counsel may not always be granted (Latessa & Smith, 2015).

CASE FACTS:

Gerald Scarpelli, an indigent probationer, was arrested following a burglary at which he admitted to his own involvement (Gagnon v. Scarpelli, 1973). Because Scarpelli admitted his involvement after being advised of his Constitutional rights, his previous probation was summarily revoked resulting in Scarpelli’s

(2017, April 04). What Is a Gagnon Hearing? Retrieved May 19, 2017, from http://legalbeagle.com/8711021-gagnon-hearing.html Gagnon v. Scarpelli, 411 US 778 (1973)
Gagnon v. Scarpelli, 411 U.S. 778 (1973). (1974). Florida State University Law Review, 2(2), 5th ser., 340-354. Retrieved from http://ir.law.fsu.edu/lr/vol2/iss2/5
Gagnon, Warden v. Scarpelli. (n.d.). Retrieved May 18, 2017, from http://supreme-court-cases.insidegov.com/l/3568/Gagnon-Warden-v-Scarpelli
John R. GAGNON, Warden, Petitioner, v. Gerald H. SCARPELLI. (n.d.). Retrieved May 19, 2017, from https://www.law.cornell.edu/supremecourt/text/411/778
Latessa, E. J., & Smith, P. (2015). Corrections in the Community (5th ed.). New York, NY: Routledge.
Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484