What Protection Does The Probationer Have Against Improper Procedures And Sentences You May Ask?
936 WordsJul 3, 20154 Pages
Well, this all seems pretty simple and straight forwards right? I mean if you are on probation and you do something you shouldn’t have, then you will most likely be violated and suffer the consequences. So what protection does the probationer have against improper procedures and sentences you may ask? Well, there are four such cases in which a state or local government violated the rights of the accused probation violator, and as a result, the United States Supreme Court had to step in. These cases laid the groundwork to ensure that probationers are granted their right to due process under U.S. law. On June 17, 1959, in Spokane, Washington, Jerry Mempa was convicted of taking a stolen vehicle for a joyride. The presiding judge determined that a sentence of probation for two years was adequate for the crime committed. Unfortunately, Mempa who appeared to have been stuck in his criminal ways, was arrested for burglary only a few months later. Of course the county attorney moved that Mempa’s probation be revoked. The judge listened to the testimony of the probation officer, terminated probation, and resentenced Mempa to 10 years in prison. Seems legit right? Well in 1965 Mempa filed a petition stating that he his rights had been violated. Mempa stated that not only was he not represented by legal counsel during this hearing, but he was not even told he had the right to have it. Although the Washington Supreme Court denied his appeal, the United States Supreme Court