Gagnon v. Scarpelli Case Brief

Facts of the Case

Respondent Gerald Scarpelli, a felony probationer, was arrested after committing a burglary. He admitted involvement in the crime but later claimed that the admission was made under duress and was false. The probation of Scarpelli, who was not represented by an attorney, was revoked without a hearing. Scarpelli argued that he was entitled to a hearing before revocation of his probation and that he was entitled to representation by appointed counsel at the hearing. After filing a habeas corpus petition, he was paroled. The District Court concluded that revocation of probation without hearing and counsel was a denial of due process. The Court of Appeals affirmed.


Does the FAA preempt states from conditioning the enforcement of an arbitration agreement on the availability of class-wide arbitration procedures?


“Yes, no. Justice Lewis F. Powell, Jr. delivered the opinion for the 8-1majority. The Court held a previously sentenced probationer is entitled to a hearing when his probation is revoked. While a probation hearing is not part of the criminal prosecution process, the results of the hearing could cause the defendant to suffer a substantial loss of liberty, and therefore the defendant has the right to due process. However, the Constitution does not require that the defendant be provided proper representation. Rather, the court appointment of an attorney should be applied on a