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The Case Of Gagnon V. Scarpelli (1975)

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In the case of Gagnon v, Scarpelli( 1975), were Gerald Scarpelli and his friend Fred Kleckner were arrested in Illinois, on August 6, for burglarizing a house. The officer captures the two and read them their constitutional rights. Afterward, Scarpelli admitted that he and Kleckner did, in fact, broken into the home and take merchandise and money. Upon his arrest, his probation office revokes his probation without a hearing. His probation was revoked for associating with a criminal and catching a new charge. On July 1965, he pleaded guilty to armed robbery in Wisconsin (Gagnon v. Scarpelli: 411 U.S. 778 (1973). (n.d.). Later, the judge sentenced him to 15 years sentences in the Wisconsin State Reformatory at Green Bay. Within three years they suspended his sentences given his a seven-year probation. …show more content…

Therefore, when there is a refusal for a counsel, then it needs to be stated succinctly in the record (Gagnon v. Scarpelli: 411 U.S. 778 (1973). (n.d.). Nevertheless, although the state is not required provide a counsel in all cases, but regardless if they are an indigent parolee or probationer, they are in need of a counsel to represent their case (The Findlaw-United States Supreme Court case and opinions, (n.d.). In the meanwhile, he agreed to the terms of the probation and a Travel Permit was issued to allow him to live in Illinois, in which he would be supervised. Therefore, on August 5, 1965, he was to report the Adult Probation Department of Cook County, Illinois. In addition, Gerald Scarpelli suggested that his statement was made under duress and was not

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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).

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In the case, Gagnon v. Scarpelli, respondent Gerald Scarpelli pleaded guilty in July 1965, to a charge of armed robbery in Wisconsin. Therefore, Scarpelli was sentenced to 15 years in prison; however, Scarpelli's sentence was suspended, and he was placed on felony probation for seven years in the custody of the Wisconsin Department of Public Welfare. (Leagle, 2017) After signing an agreement specifying the terms of his probation, Scarpelli was awarded a travel permit, which allowed him to return to Illinois, under the supervision of an interstate compact that he resides in Illinois while on probation with the Adult Probation Department of Cook County, Illinois.

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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

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