Morrissey v. Brewer
| Morrissey v. Brewer | |||||||
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| Argued April 11, 1972 Decided June 29, 1972 | |||||||
| Full case name | Morrissey, et al. v. Brewer, Warden, et al. | ||||||
| Citations |
92 S. Ct. 2593; 33 L. Ed. 2d 484; 1972 U.S. LEXIS 19 | ||||||
| Court membership | |||||||
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| Case opinions | |||||||
| Majority | Burger, joined by Stewart, White, Blackmun, Powell, Rehnquist | ||||||
| Concurrence | Brennan, joined by Marshall | ||||||
| Dissent | Douglas | ||||||
Morrissey v. Brewer, 408 U.S. 471 (1972), was a United States Supreme Court case that provided for a hearing to determine the factual basis for parole 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 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. After the hearing, the victim can be notified about the outcome.