Section 28.34 Due Process Requirements
| Library | Criminal Practice 2012 Supp |
A. (§28.34) Due Process Requirements
“The purpose of a probation revocation hearing is to decide whether the judiciary should rescind its granting of grace to lessen the impact of a criminal sentence.” State v. Sapp, 55 S.W.3d 382, 384 (Mo. App. W.D. 2001).
The leading cases on “what process is due” in proceedings for the revocation of probation or parole are Morrissey v. Brewer, 408 U.S. 471 (1972), and Gagnon v. Scarpelli, 411 U.S. 778 (1973). Missouri courts recognize these requirements. Abel v. Wyrick...
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