focus of a probation violation in Pennsylvania

2017(Footnote Continued) _______________________ protection of the public, the gravity of the offense as it relates to the impact on the life of the victim and on the community, and the rehabilitative needs of the defendant. 42 Pa.C.S. § 9721(b). 18 Section 9725 provides: The court shall impose a sentence of total confinement if, having regard to the nature and circumstances of the crime and the history, character, and condition of the defendant, it is of the opinion that the total confinement of the defendant is necessary because: (1) there is undue risk that during a period of probation or parti

2007As our Supreme Court stated in Commonwealth v. Kates, 452 Pa. 102, 115-16 , 305 A.2d 701, 708 (1973), “The focus of a probation violation hearing, even though prompted by a subsequent arrest, is whether the conduct of the probationer indicates that the probation has proven to be an effective vehicle to accomplish rehabilitation and a sufficient deterrent against future antisocial conduct.” See also Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973) (after a parole violation is established, there remains the issue of whether the defendant should be committed to prison or

2007As our Supreme Court stated in Commonwealth v. Kates, 452 Pa. 102, 115-16 , 305 A.2d 701, 708 (1973), “The focus of a probation violation hearing, even though prompted by a subsequent arrest, is whether the conduct of the probationer indicates that the probation has proven to be an effective vehicle to accomplish rehabilitation and a sufficient deterrent against future antisocial conduct.” See also Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1973) (after a parole violation is established, there remains the issue of whether the defendant should be committed to prison or

1982In the event that probation is revoked and sentence is reimposed, the judge shall comply with the pertinent provisions of Rule 1405. (emphasis supplied) While we recognize that the focus of a probation violation hearing is to determine whether the probationer’s conduct has shown that probation remains an effective vehicle to accomplish rehabilitation and to provide a sufficient deterrent against future antisocial conduct, Commonwealth v. Kates, 452 Pa. 102, 114-15 , 305 A.2d 701, 708 (1973), and that probation revocation hearings are flexible, permitting consideration of material not admissibl

1982In the event that probation is revoked and sentence is reimposed, the judge shall comply with the pertinent provisions of Rule 1405. (emphasis supplied) While we recognize that the focus of a probation violation hearing is to determine whether the probationer’s conduct has shown that probation remains an effective vehicle to accomplish rehabilitation and to provide a sufficient deterrent against future antisocial conduct, Commonwealth v. Kates, 452 Pa. 102, 114-15 , 305 A.2d 701, 708 (1973), and that probation revocation hearings are flexible, permitting consideration of material not admissibl

1980Initially we note that Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), set out the minimum due process requirements at a revocation hearing.

1980Initially we note that Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), set out the minimum due process requirements at a revocation hearing.