neutral and detached hearing in Illinois

2005In terms of the revocation-hearing stage, the Morrissey Court held that due process entitles the parolee to the following: (1) written notice of the alleged parole violations; (2) disclosure of the evidence against him; (3) the opportunity to be heard in person and present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses, unless the hearing body finds good cause for not allowing such confrontation; (5) a neutral and detached hearing body, such as a traditional parole board; and (6) “a written statement by the factfinders as to the evidence relied on and

2005In terms of the revocation-hearing stage, the Morrissey Court held that due process entitles the parolee to the following: (1) written notice of the alleged parole violations; (2) disclosure of the evidence against him; (3) the opportunity to be heard in person and present witnesses and documentary evidence; (4) the right to confront and cross-examine witnesses, unless the hearing body finds good cause for not allowing such confrontation; (5) a neutral and detached hearing body, such as a traditional parole board; and (6) “a written statement by the factfinders as to the evidence relied on and

1995Ed. 2d 656 , 93 S. Ct. 1756 .) This court has noted that under Gagnon such rights include the right: "to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, to receive a written statement by the fact finders stating the evidence relied on and the reason for revocation, and, in some instances, to receive assistance of counsel.” (People v. DeWitt (1979), 78 Ill. 2d 82, 85 .) These due proce

1991In DeWitt, the court held that due process entitles a probationer “to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, to receive a written statement by the fact finders stating the evidence relied on and the reason for the revocation, and, in some instances, to receive assistance of counsel.” DeWitt, 78 Ill. 2d at 85 , citing Gagnon v. Scarpelli, 411 U.S. at 782, 786, 788 , 36 L.

1992People v. Hoyt (1984), 129 Ill.

1992(People v. Beard (1974), 59 Ill. 2d 220 , 319 N.E.2d 745 .) The defendant is entitled to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, and to receive a written statement by the fact finder stating the evidence relied on and the reason for revocation.

1992(People v. Beard (1974), 59 Ill. 2d 220 , 319 N.E.2d 745 .) The defendant is entitled to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, and to receive a written statement by the fact finder stating the evidence relied on and the reason for revocation.

1979Ed. 2d 446 , 90 S. Ct. 1893 .) In Gagnon the United States Supreme Court held that due process entitles a probationer to written notice of the alleged violation, to disclosure of the evidence against him, to be heard in person and to present testimonial and documentary evidence, to confront and cross-examine adverse witnesses, to be judged by a neutral and detached hearing body, to receive a written statement by the fact finders stating the evidence relied on and the reason for revocation, and, in some instances, to receive assistance of counsel. ( 411 U.S. 778, 782, 786, 788 , 36 L.