Morrissey v. Brewer

Morrissey v. Brewer

Argued April 11, 1972
Decided June 29, 1972
Full case name Morrissey, et al. v. Brewer, Warden, et al.
Citations

408 U.S. 471 (more)

92 S. Ct. 2593; 33 L. Ed. 2d 484; 1972 U.S. LEXIS 19
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan, Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
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.


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