Final answer:
Morrissey v. Brewer (1972) established a two-step revocation process for parole officers alleging technical violations. The parolee has the right to an initial hearing and a final revocation hearing where evidence can be presented and cross-examination can occur.
Step-by-step explanation:
Morrissey v. Brewer (1972) is a significant case in the field of parole revocation. In this case, the court held that if a parole officer alleges a technical violation, a two-step revocation process must be followed. The two-step process includes an initial hearing to determine if there is probable cause to believe the violation occurred and a final revocation hearing to determine if the violation warrants parole revocation.
During the initial hearing, the parolee has the right to notice of the alleged violations, an opportunity to be heard, present witnesses, and evidence, and the right to cross-examine adverse witnesses. If probable cause is found, the case proceeds to the final revocation hearing.
In the final revocation hearing, the parolee is allowed to present a defense, challenge the evidence, and cross-examine witnesses. The parole board then decides whether to revoke parole based on a preponderance of the evidence, considering factors like the seriousness of the violation and the parolee's parole history.