Use your research to go indepthinto the topics- quotes, stats, etc. a cover page ,2 pages and references for each unit Unit 5 AS: Gagnon and Morrissey Find the following cases: • GAGNON v. SCARPELLI,...

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Unit 5 AS: Gagnon and Morrissey
Resolution Provided by the Two Courts in Cases
GAGNON v. SCARPELLI, 411 U.S. 778, 36 L. Ed. 2d 656, 93 S. Ct. 1756 (1973)
While analyzing the case we can understand the Scarpelli was arrested for armed robbery and the court sentenced him for 15 years of imprisonment. After some time, the Judge suspended 15 years of imprisonment and he was placed on probation for 7 years and the court allowed him to reside in Illinois. During the probation period, he was arrested for robbery and the court without hearing imposed 15 years of imprisonment by revoking the probation. Later Scarpelli files a writ habeas corpus and he challenged the revocation of his probation period. The State of Wisconsin argued that probation revoked because Scarpelli was in connection with felons and he was associating with felons for doing illegal acts. The Court received the petition submitted by Scarpelli and stated that probationers are entitled to get two hearings
1. A preliminary hearing
2. More comprehensive hearing (Singer et al 2019,p.1)
The preliminary hearing provides the option for checking whether or not probable cause or issue exist. The probationers are also entitled to get a more comprehensive hearing before taking a decision about the revocation. While analyzing the decision taken by the US Supreme court we can understand that they take the right decisions by considering the rights and liberties of the probationers. Before revocation, we have to provide an opportunity to probations for presenting their claims.
MORRISSEY v. BREWER, 408 U.S. 471, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972)
MORRISSEY v. BREWER, 408 U.S. 471, 33 L. Ed. 2d 484, 92 S. Ct. 2593 (1972) is the first case in which the US Supreme Court takes an important decision on parole.
Morrissey was arrested for making false document (check) the court sentenced him for 7 years of imprisonment. After some time, the Judge suspended 15 years of imprisonment and he was placed on probation and the court allowed him to reside in Cedar Rapids. During the probation period, he was arrested for violating the probation rules and the court without hearing imposed 7 years of imprisonment by revoking the probation. Later John files a writ habeas corpus and he challenged the revocation of his probation period (Primus et al 2019,p.12). Federal District Court denied the petition given by John. Later US Supreme Court made a historic decision related with the revocation of parole. Revocation of parole without hearing is not acceptable and the SCOTUS also stated that as per the 14th amendment we have to provide an option for the probationers to attend a preliminary and detailed hearing before taking the decision of revocation (Mutcherson 2020). During the preliminary or detailed hearing if we identify the offender committed the crime we can stand with our decision.
While analyzing the decisions taken by the courts in two cases we can understand that it gives more importance to personal value and freedom. Every person in the world have equal rights and obligation, if they committed a...