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Finance & Accounting
Pages 10 (2510 words)
Describe the process by which probation may be revoked. How does this process differ from a criminal trial if at all? And how is it similar? The process for revoking probation varies somewhat between states, but the guidelines that are in place for federal offenders are the guidelines that are most often used.
However, 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: 1. Written notice of the violations before the revocation hearing 2. The right to see and hear the evidence against them. 3. The opportunity to be heard in person and to present witnesses and documentary evidence in their favor. 4. The right to confront and cross-examine the witnesses against them. 5. A hearing panel made up of neutral members. 6. ...
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