Gagnon v. Scarpelli

Background

A man who pleaded guilty to armed robbery in Wisconsin was sentenced to 15 years but had the sentence suspended and was placed on probation. He moved to Illinois under an interstate supervision agreement, was arrested in an unrelated burglary, and admitted involvement but later said that admission was coerced. Wisconsin revoked his probation without giving him any hearing, and he was incarcerated. He later sought relief in federal court, arguing his due process rights were violated.

Reasoning

The Court relied on its earlier parole decision to say that revoking probation also involves a serious loss of liberty and therefore requires due process. The Court held that probationers must get two hearings: a preliminary one to establish probable cause and a more complete final hearing before revocation. The hearings must include notice, disclosure of evidence, a chance to present witnesses and confront adverse ones, a neutral decisionmaker, and a written statement of reasons. The Court also said appointed counsel is not automatically required; instead, states must decide on a case-by-case basis and provide counsel when requested for timely, colorable claims of innocence or when complex mitigation must be developed.

Real world impact

State probation and parole agencies must hold the specified hearings and create records explaining refusals of counsel. Some probationers will receive appointed lawyers when fairness requires it. The ruling may require administrative changes, affect interstate supervision procedures, and increase costs for agencies.

Dissents or concurrances

Justice Douglas dissented in part, arguing that counsel should have been appointed here because the respondent claimed his confession was made under duress.