Gagnon v. Scarpelli
| Gagnon v. Scarpelli | |
|---|---|
| Argued January 9, 1973 Decided May 14, 1973 | |
| Full case name | Warden Gagnon v. Gerald Scarpelli |
| Citations | 411 U.S. 778 (more) 93 S. Ct. 1756; 36 L. Ed. 2d 656; 1973 U.S. LEXIS 70 |
| Case history | |
| Prior | Scarpelli v. Gagnon, 317 F. Supp. 72 (E.D. Wis. 1970); affirmed sub. nom., Gunsolus v. Gagnon, 454 F.2d 416 (7th Cir. 1971) |
| Holding | |
| A preliminary and final revocation of probation hearings are required by Due Process; the judicial body overseeing the revocation hearings shall determine if the probationer or parolee requires counsel; denying representation of counsel must be documented in the record of the Court. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Burger, Brennan, Stewart, White, Marshall, Blackmun, Rehnquist |
| Dissent | Douglas |
| Laws applied | |
| Criminal procedure, right to counsel, due process, prisoners' rights | |
Gagnon v. Scarpelli, 411 U.S. 778 (1973), 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 Scarpelli's probation was revoked by the Wisconsin Department of Public Welfare subsequent to his confession to police that he was involved in the burglary.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 of 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.