Morrissey v. Brewer — Quick Summary

Morrissey v. Brewer

408 U.S. 471 (1972)

In Brief

Morrissey v. Brewer is a landmark case in the realm of constitutional law, specifically pertaining to the right to due process in parole revocation hearings.

Key Issue

Does the revocation of parole without a formal hearing violate the due process rights of parolees under the Fourteenth Amendment?

The Rule

The Due Process Clause of the Fourteenth Amendment requires that parole revocation be preceded by a hearing to give the parolee an opportunity to show that their parole should not be revoked.

Bottom Line

Yes, the revocation of parole without a formal hearing violates the due process rights of parolees. The Supreme Court held that a hearing must be conducted to determine the validity of the parolee's alleged violations and to allow them to contest the evidence against them.

Why It Matters

Morrissey v. Brewer reshaped the protocol for handling parole revocations, ensuring procedural fairness in the process. This case is pivotal for law students as it underscores the extent of constitutional protections in situations involving potential loss of liberty. It serves as a canonical reference for understanding the broad application of due process rights, extending them beyond traditional criminal trials to other significant liberty interests like parole.

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