''Morrissey v. Brewer'', 408 U.S. 471 (1972), was a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case that provided for a

hearing Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audit ...

, before a "neutral and detached" hearing body such as a

parole board A parole board is a panel of people who decide whether an offender should be released from prison on parole after serving at least a minimum portion of their sentence as prescribed by the sentencing judge. Parole boards are used in many jurisdiction ...

, to determine the factual basis for

parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...

violations. This hearing is colloquially known as a "''Morrissey'' hearing." The hearing can take place with the defendant in or out of custody. If applicable, a victim may be ordered to testify at a hearing. During the hearing, a member of the Parole Hearing Division reviews the evidence of the violation. The parolee is usually present and can present witnesses and documentary evidence and ask the victim questions. But in extreme cases the victim can be interviewed outside the parolee's presence. If this happens, the parolee can leave a list of questions for the victim to answer. Evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial can be allowed in a ''Morrissey'' hearing. After the hearing, the factfinders issue a written statement as to the evidence relied upon and reasons for revoking parole. The victim can be notified about the outcome. Brennan and Marshall noted in their concurrence, "The only question open under our precedents is whether counsel must be furnished the parolee if he is indigent."

References

External links

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Appellate Defenders, Inc., Legal Lingo
United States Supreme Court cases 1972 in United States case law United States criminal due process case law Parole in the United States United States Supreme Court cases of the Burger Court {{SCOTUS-stub