I will pay for the following essay Crime and Punishment: The Process for Revoking Probation. The essay is to be 12 pages with three to five sources, with in-text citations and a reference page.
In a revocation hearing, guilt has been established so, therefore, some rights and rules of evidence are more relaxed. Even though the rights of a defendant in a criminal trial are more structured and strict than those of an offender whose probation is being revoked, the offender will always have the right to defend his or her position. In understanding the process to revoke probation, it must first and foremost be understood that without due process, probation cannot be revoked. This process is important in order to ensure that revocation is done for reasons that are valid and noteworthy and that the probation has been violated in such a way to warrant its revocation. Someone who has violated probation and will have it revoked will be afforded fewer rights than someone who has just been arrested. This does not mean they have no rights. The rights that they will be afforded is as follows: According to Sheb, there is a two-step process in revoking probation on a federal charge as described in the Federal Rules of Criminal Procedure. The first step is a preliminary hearing which will allow the magistrate to assess whether or not there is probable cause to believe that a violation has occurred and that it is a just sanction to proceed with revoking the probation. The requirements for the preliminary hearing include the right to the council for the defendant and that the proceeding is recorded by a court reporter. The defendant must be provided with written notice of the hearing which will include the violation with which the defendant is being charged. The defendant has the right to appear and to question any witness to his or her violation unless it is determined by the judge that the witness does not have to appear. At this point, the judge will determine whether the violation is valid and must go onto a revocation hearing, or if the charge is without validity and may be discharged (228). This hearing can be waived by the defendant. .