gagnon
scarpelli
argued
january
decided
may
respondent
felony
probationer
arrested
committing
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involvement
crime
later
claimed
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made
duress
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probation
respondent
represented
attorney
revoked
without
hearing
filing
habeas
corpus
petition
paroled
district
concluded
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probation
without
hearing
counsel
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process
appeals
affirmed
held
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process
mandates
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final
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hearings
case
probationer
conditions
specified
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brewer
case
parolee
pp
body
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decide
individual
case
whether
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process
requires
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represented
counsel
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state
constitutionally
obliged
provide
counsel
cases
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probationer
parolee
may
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version
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examination
witnesses
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documentary
evidence
presumptively
counsel
provided
informed
right
probationer
parolee
requests
counsel
based
timely
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claim
committed
alleged
violation
violation
matter
public
record
uncontested
substantial
reasons
justification
mitigation
make
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pp
every
case
request
counsel
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grounds
refusal
stated
succinctly
record
powell
delivered
opinion
burger
brennan
stewart
white
marshall
blackmun
rehnquist
joined
douglas
filed
statement
dissenting
part
post
william
platz
assistant
attorney
general
wisconsin
argued
cause
petitioner
briefs
robert
warren
attorney
general
william
coffey
appointment
argued
cause
filed
brief
respondent
justice
powell
delivered
opinion
case
presents
related
questions
whether
previously
sentenced
probationer
entitled
hearing
probation
revoked
whether
entitled
represented
appointed
counsel
hearing
respondent
gerald
scarpelli
pleaded
guilty
july
charge
armed
robbery
wisconsin
trial
judge
sentenced
years
imprisonment
suspended
sentence
placed
probation
seven
years
custody
wisconsin
department
public
welfare
department
time
signed
agreement
specifying
terms
probation
travel
permit
agreement
return
allowing
reside
illinois
supervision
interstate
compact
august
accepted
supervision
adult
probation
department
cook
county
illinois
august
respondent
apprehended
illinois
police
surprised
one
fred
kleckner
course
burglary
house
apprised
constitutional
rights
respondent
admitted
kleckner
broken
house
purpose
stealing
merchandise
money
although
asserts
statement
made
duress
false
probation
revoked
wisconsin
department
september
without
hearing
stated
grounds
revocation
scarpelli
associated
known
criminals
direct
violation
probation
regulations
supervising
agent
instructions
scarpelli
associating
known
criminal
namely
fred
kleckner
involved
arrested
burglary
deerfield
illinois
app
three
years
later
december
respondent
applied
writ
habeas
corpus
petition
filed
acted
upon
department
placed
respondent
parole
district
found
status
parolee
sufficient
custody
confer
jurisdiction
petition
moot
revocation
carried
collateral
consequences
presumably
including
restraints
imposed
parole
merits
district
held
revocation
without
hearing
counsel
denial
due
process
supp
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appeals
affirmed
sub
nom
gunsolus
gagnon
granted
certiorari
ii
two
prior
decisions
set
bounds
present
inquiry
mempa
rhay
held
probationer
entitled
represented
appointed
counsel
combined
revocation
sentencing
hearing
reasoning
counsel
required
every
stage
criminal
proceeding
substantial
rights
criminal
accused
may
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one
stage
concluded
counsel
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provided
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sentencing
even
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part
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revocation
proceeding
line
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require
hearing
counsel
time
probation
revocation
case
present
one
probationer
sentenced
time
trial
greater
relevance
decision
last
term
morrissey
brewer
held
revocation
parole
part
criminal
prosecution
parole
arises
end
criminal
prosecution
including
imposition
sentence
revocation
deprives
individual
absolute
liberty
every
citizen
entitled
conditional
liberty
properly
dependent
observance
special
parole
restrictions
petitioner
contend
difference
relevant
guarantee
due
process
revocation
parole
revocation
probation
perceive
one
probation
revocation
like
parole
revocation
stage
criminal
prosecution
result
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hold
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like
parolee
entitled
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supra
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second
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posed
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probationer
parolee
due
process
right
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appointed
counsel
hearings
answering
question
draw
heavily
opinion
morrissey
first
point
reference
character
probation
parole
noted
morrissey
regarding
parole
purpose
help
individuals
reintegrate
society
constructive
individuals
soon
able
duty
attitude
probation
parole
officer
reflect
purpose
parole
probation
officer
recognizes
double
duty
welfare
clients
safety
general
community
large
concern
client
dominates
professional
attitude
parole
agent
ordinarily
defines
role
representing
client
best
interests
long
constitute
threat
public
safety
morrissey
recognized
revocation
decision
two
analytically
distinct
components
first
step
revocation
decision
thus
involves
wholly
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factual
question
whether
parolee
fact
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conditions
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determined
parolee
violate
conditions
second
question
arise
parolee
recommitted
prison
steps
taken
protect
society
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chances
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revocation
anything
commonly
treated
failure
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presumably
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field
agent
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thrust
movement
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men
community
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problems
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revocation
last
resort
treatment
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fail
officer
view
probationer
parolee
conduct
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way
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view
due
process
requires
difference
resolved
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becomes
final
probationer
parolee
state
interests
accurate
finding
fact
informed
use
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probationer
parolee
insure
liberty
unjustifiably
taken
away
state
make
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successful
effort
rehabilitation
imprudently
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safety
community
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interests
morrissey
mandated
preliminary
final
revocation
hearings
preliminary
hearing
probationer
parolee
entitled
notice
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violations
probation
parole
opportunity
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right
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witnesses
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report
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final
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ultimate
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revoke
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cause
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requirements
due
process
include
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claimed
violations
probation
parole
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parolee
evidence
opportunity
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person
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right
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witnesses
unless
hearing
officer
specifically
finds
good
cause
allowing
confrontation
neutral
detached
hearing
body
traditional
parole
board
members
need
judicial
officers
lawyers
written
statement
factfinders
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reasons
revoking
probation
parole
morrissey
brewer
supra
token
think
appeals
erred
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respondent
contention
state
constitutional
duty
provide
counsel
indigents
probation
parole
revocation
cases
rule
appeal
simplicity
impose
direct
costs
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collateral
disadvantages
without
regard
need
likelihood
particular
case
constructive
contribution
counsel
cases
probationer
parolee
convicted
committing
another
crime
admitted
charges
cases
may
justifiable
excuse
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convincing
reason
revocation
appropriate
disposition
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evidence
kind
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proof
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parolee
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turn
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provide
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lawyers
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role
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body
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factfinding
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judge
trial
less
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individual
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parolee
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body
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deviant
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feel
pressure
reincarcerate
continue
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decisionmaking
process
prolonged
financial
cost
state
appointed
counsel
counsel
state
longer
record
possibility
judicial
review
insubstantial
cases
modifications
nature
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hearing
must
endured
costs
borne
indicated
probationer
parolee
version
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fairly
represented
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advocate
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process
rigid
require
significant
interests
informality
flexibility
economy
must
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concluding
course
aware
approach
right
counsel
felony
prosecutions
adopted
betts
brady
later
rejected
favor
per
se
rule
gideon
wainwright
see
also
argersinger
hamlin
however
draw
gideon
argersinger
conclusion
approach
furnishing
counsel
necessarily
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protect
constitutional
rights
asserted
varying
types
proceedings
critical
differences
criminal
trials
probation
parole
revocation
hearings
society
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criminal
trial
state
represented
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formal
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force
defendant
enjoys
number
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may
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timely
raised
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trial
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make
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trial
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members
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body
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hearings
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trial
revocation
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dispose
altogether
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approach
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cases
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lawyer
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think
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counsel
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prosecution
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process
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justification
new
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respect
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remain
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cases
fundamental
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process
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process
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upon
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ii
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matter
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record
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reasons
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make
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inappropriate
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present
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request
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responsible
agency
also
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whether
probationer
appears
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case
request
counsel
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refused
grounds
refusal
stated
succinctly
record
iv
return
facts
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case
respondent
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process
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morrissey
held
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accordingly
respondent
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habeas
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remand
district
allow
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hearing
whether
state
must
provide
counsel
respondent
admission
committed
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crime
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situation
counsel
need
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provided
respondent
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assertions
regarding
admission
see
supra
conclude
failure
department
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respondent
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light
opinion
general
guidelines
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first
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charged
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part
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part
remanded
footnotes
respondent
initially
paroled
federal
detainer
serve
previously
imposed
federal
sentence
arising
another
conviction
subsequently
released
federal
custody
remains
parolee
supervision
department
despite
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minor
differences
probation
parole
commentators
agreed
revocation
probation
sentence
imposed
previously
constitutionally
indistinguishable
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parole
see
van
dyke
parole
revocation
hearings
california
right
counsel
rev
sklar
law
practice
probation
parole
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hearings
crim
clear
least
morrissey
brewer
probationer
longer
denied
due
process
reliance
dictum
escoe
zerbst
probation
act
grace
petitioner
argues
addition
morrissey
hearing
requirements
impose
serious
practical
problems
cases
present
one
probationer
parolee
allowed
leave
convicting
state
supervision
another
state
arrangements
made
pursuant
interstate
compact
adopted
including
wisconsin
stat
ann
petitioner
brief
asserts
june
wisconsin
total
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probationers
supervision
incomplete
statistics
june
indicated
national
total
persons
supervision
brief
petitioner
amount
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inevitably
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new
constitutional
ruling
confident
however
modification
interstate
compact
remove
without
undue
strain
serious
technical
hurdles
compliance
morrissey
additional
comment
warranted
respect
rights
present
witnesses
confront
adverse
witnesses
petitioner
greatest
concern
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witnesses
perhaps
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miles
away
cases
simply
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alternative
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testimony
emphasize
morrissey
intend
prohibit
use
appropriate
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intend
foreclose
holding
preliminary
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place
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practical
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morrissey
requirements
morrissey
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right
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revocation
hearing
retained
counsel
situations
state
obliged
furnish
counsel
indigent
remington
newman
kimball
melli
goldstein
criminal
justice
administration
materials
cases
factors
entering
decisions
relate
major
part
professional
evaluation
trained
probation
parole
officers
overall
social
readjustment
offender
community
include
consideration
variables
offender
relationship
toward
family
attitude
toward
fulfillment
financial
obligations
extent
cooperation
probation
parole
officer
assigned
case
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associations
course
whether
specific
significant
violations
conditions
probation
parole
importance
considerations
factual
others
entirely
judgmental
illustrated
wisconsin
empirical
study
disclosed
sample
studied
probation
parole
revoked
cases
probationer
parolee
violated
terms
release
hunt
revocation
decision
study
probation
parole
agents
discretion
unpublished
thesis
file
library
university
wisconsin
cited
brief
petitioner
addendum
remington
newman
kimball
melli
goldstein
supra
see
sklar
supra
parole
probation
scope
practical
problem
occasioned
requirement
counsel
revocation
cases
suggested
fact
estimated
average
adult
felony
parole
revocations
adult
probation
revocations
year
president
commission
law
enforcement
administration
justice
task
force
report
courts
cf
gault
establishing
juvenile
right
appointed
counsel
delinquency
proceeding
denominated
civil
functionally
akin
criminal
trial
juvenile
charged
violation
generally
applicable
statute
differently
situated
probationer
parolee
entitled
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protection
see
winship
standard
proof
juvenile
delinquency
proceeding
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proof
beyond
reasonable
doubt
justice
douglas
dissenting
part
believe
due
process
requires
appointment
counsel
case
claim
respondent
confession
burglary
made
duress
see
morrissey
brewer
opinion
douglas