Persons on deferred sentence, probation, or parole who arguably violate the criminal law may face two proceedings: a hearing to revoke their conditional liberty and a criminal trial. The possibility of two proceedings raises at least two major constitutional questions. First, are the defendant's rights under the double jeopardy or due process clauses violated if the state holds two inquiries into the alleged criminal act? Second, is the defendant's privilege against self-incrimination abridged if the revocation hearing is held before the criminal trial?
Michigan Law Review,
Revocation of Conditional Liberty for the Commission of a Crime: Double Jeopardy and Self-Incrimination Limitations,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol74/iss3/3