ipl-logo

Gagnon V. Scarpelli Case Summary

963 Words4 Pages

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 …show more content…

(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

Show More
Related

Dennys Rodrigues, Petitioner V. United States

770 Words | 4 Pages

Shadrack Babwiriza Case Brief Writing Assignment Martin. J Littlefield Criminal Law 10/27/15 Buffalo State College I. Dennys Rodrigues, Petitioner v. United States II. 135 S. Ct. 1609; 191 L. Ed. 2d 492 III.

Read More

Gagnon V Scarpelli Case Study

610 Words | 3 Pages

In this case, I’m not sure why they revoked his probation, but there must be a reason. Mempa like Scarpelli filed for a habeas corpus, for the fact that his probation was revoked and that his right to counsel was denied and the writ was denied. And the question in this case is “does the absence of a counsel during a post-trial proceeding for revocation of probation or imposition of deferred sentencing violate the sixth amendment as applied to the states by the fourteenth amendment?” I say yes, because under the sixth amendment he has the right to counsel, and denying that is violating our rights. Also, the counsel helps the defendant in asserting his rights, such as the right to appeal, at the deferred

Read More

Furman V. Gerogia Case Analysis

1766 Words | 8 Pages

Secondary Annotated Bibliography Brewer, Thomas W. "Race and Jurors' Receptivity to Mitigation in Capital Cases: The Effect of Jurors', Defendants', and Victims' Race in Combination. " Law and Human Behavior 28, no. 5 (2004): 529-45. The article begins by explaining the importance of Furman v. Gerogia (1972). Furman v. Gerogia (1972) was a Supreme Court case that decided that death sentences were being handed down in an arbitrary and standard less manner.

Read More

Super Max Confinement Case Study

2085 Words | 9 Pages

The Supreme Court of the United States, in Wilkinson v. Austin, decided more than a decade ago that the state of Ohio 's Super Max facilities did not violate those prisoner 's due process rights long established under precedent. Although the prisoners lost their case, the controversy is very much alive (Lobel 2008). This issue affects every American citizen. Although all citizens will not face confinement in a super-max facility, but a due process analysis in the higher federal courts has serious implications. The American legal system is built

Read More

The New Jim Crow Film Analysis

263 Words | 2 Pages

We ought to stop turning to these fictional outlets that depicts what the system isn’t and look into what it really is and how it operates. “ Those who have been swept within the criminal justice system works bear little resemblance to what happens on television or in movies.” (Alexander 59). She then spoke about the fourth amendment, which is individuals having the rights of the people to be protected, their papers, houses

Read More

Review Of Mass Incarceration In The Age Of Colorblindness By Michelle Alexander

983 Words | 4 Pages

Mass Incarceration: Transforming an Unconstitutional System. Guild Notes, 40(4), 12. Brad Broussard in his article, Mass

Read More

Truth In Sentencing

1102 Words | 5 Pages

As a result of truth-in-sentencing practices, the State prison population is expected to increase through the incarceration of more offenders by keeping them incarcerated for longer periods of time. Abadinsky, Howard, Probation and Parole, Theory and Practice, St. John’s University, Pearson, Twelfth

Read More

See You In Court Summary

564 Words | 3 Pages

Book Summary of See You in Court: In trial attorney Gary J. Chester’s book See You in Court, we dive into a chock full of outrageous cases, frivolous lawsuits, and anecdotes of the legal system. He highlights key concepts in the fields of civil and constitutional law throughout the vivacious cases. Not only does this book inform us of the legal system, but it also gives us an insider’s look at the underside of the legal profession in an engaging yet humorous manner.

Read More

Pros And Cons Of Retributive Justice

1479 Words | 6 Pages

Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).

Read More

Crime Control Orientation Vs Due Process Orientation Essay

920 Words | 4 Pages

Because the cost of being incarcerated is extremely high, the due process orientation requires that the state eliminate all doubt as to whether constitutional procedural safeguards were violated. In order to control law enforcers, there must be a cost for violating the rules. Thus, in order to ensure that police officers will comply with the law, it is argued that the cost of releasing all suspects whose rights have been violated will be a high enough cost to motivate law enforcers to obey the law when they perform their duties. According to the due process orientation, corrupt police officers will cause the crime control orientation to

Read More

John Burke Case Study

1567 Words | 7 Pages

For the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.

Read More

Retribution In Prisons

1851 Words | 8 Pages

Champion, Dean J. ? Corrections in the United States: A Contemporary Perspective?. Second Edition. Prentice-Hall: New Jersey. 1998.

Read More

Andrew Spencer Case Analysis

675 Words | 3 Pages

Professor Spencer’s first proposal seeks a solution to a common complaint of defense counsels: burdensome discovery requests. Spencer argues the reintroduction of the judge into cases in which discovery poses a significant threat would mitigate many of the current problems. In essence, Spencer’s first proposal envisions a return to the pre-1970 Federal Rules of Procedure in these cases.

Read More

Essay On Criminal Court Observation

1245 Words | 5 Pages

Throughout my life, I have made it my utmost duty to never appear in front of a judge under any circumstances. On April 12, 2017, I visited the Queens criminal court located on 125-01 Queens Boulevard Kew Gardens, NY 11415 and found myself sitting in the last bench seat available. The reason for be being there was to collect as much information as possible on the number, race, approximate age, gender, charge and disposition of each case. Please note that these individuals are ordinary citizens like me, who were arrested for low-level crimes (violations and misdemeanors) in NYC. The data collected would help me write a three page paper on my experience there and help me relate to the online readings in class.

Read More

Parole System Research Paper

927 Words | 4 Pages

Furthermore, the parole system is known to have a multitude of problems laced within it, these problems can be solved by focusing on parolee and parole officer relationships, and partaking in systems that improve the underlying issues. Following through to fix these affairs may seem unrealistic, but a solution could be in sight. Issues within the parole system in the United States include the ineffectivity of parolees meeting with their supervising

Read More

More about Gagnon V. Scarpelli Case Summary

Related Topics

Open Document