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NCJRS Abstract

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NCJ Number: 118841 Find in a Library
Title: Morrissey Revisited: The Probation and Parole Officer as Hearing Officer
Journal: Federal Probation  Volume:53  Issue:2  Dated:(June 1989)  Pages:13-17
Author(s): P W Brown
Date Published: 1989
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
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United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This article discusses the Federal probation and parole officer's role as hearing officer in the preliminary hearing stage of the parole and probation revocation process.
Abstract: This role was largely created by the landmark U.S. Supreme Court case of Morrissey v. Brewer, in which the Court indicated a parole officer could conduct the preliminary hearing of a two-step hearing process possibly leading to a parole revocation and return to prison. The role of a hearing officer is a substantial departure from normal officer functions of supervision and presentence investigations. Probation and parole officers are typically involved with people whose guilt has already been established. As a hearing officer, however, presumption of innocence rather than guilt must be the officer's posture. A hearing officer must also sit in judgment on colleagues' allegations of probation and parole violations and remain objective and fair to both sides. Another challenge is to deal diplomatically with attorneys accustomed to the court's adversarial format but unfamiliar with the more limited due process procedures of an administrative hearing. Overall, probation and parole officers have apparently met the challenges of functioning as revocation hearing officers. After more than 15 years, the hearing officer's role has not been successfully challenged in the U.S. Supreme Court. The literature on probation and parole officers' roles, however, gives little attention to this aspect. 19-item bibliography.
Main Term(s): Revocation
Index Term(s): Parole violations; Probation or parole officers; US Supreme Court decisions
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