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A landmark SCOTUS decision in which the Court decided that a probationer has the right to counsel in a hearing where a suspended prison sentence may be imposed.
Parole Revocation
Conditions of Release
Fundamental Rights
Mempa v. Rhay (1967)
- Option 1: Parole Revocation
- Involves revoking parole due to a violation.
- The legal focus is on whether parole should be reinstated or revoked.
- Generally does not involve the right to counsel in the same way as probation hearings.
- Option 2: Conditions of Release
- Pertains to terms set during probation or parole.
- Concerns rules that must be followed to avoid imprisonment.
- Does not address the right to counsel directly.
- Option 3: Fundamental Rights
- Broad legal category including many rights.
- Not specific to probation or the right to counsel.
- Option 4: Mempa v. Rhay (1967)
- ?? Landmark decision affirming the right to counsel for probationers.
- Specifically in hearings where a suspended sentence might be imposed.
- Recognized as a critical case regarding the rights of probationers.
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