Probationers Must Be Granted a Hearing Before Probation Can be Revoked

In Gagnon, the Court held that a probationer is entitled to two hearings before his probation can be revoked. The two-hearing rationale arose from the Court’s previous holding in Morrissey v. Brewer, where the Court reasoned due process requires state to provide parolees with two hearings before parole could be revoked. The author claims Gagnon reflects the changing view of the courts toward probation, and further suggests Gagnon is a well-reasoned decision based on important legal theory and public policy.