Valdivia v. Davis.U.S. District Court PAROLE DUE PROCESS Valdivia Valdivia, city (1990 est. pop. 113,500), capital of Valdivia prov., S central Chile, on the Valdivia River. It is a leading commercial and industrial center. Founded in 1552, it was a fortress in the defense against the Araucanians and was a royalist center during the war of liberation. The city did not grow until the arrival in the mid-19th cent. of German immigrants who founded the first industries (beer and shoes). v. Davis, 206 F.Supp.2d 1068 (E.D.Cal. 2002). Parolees filed a class action challenging a state's parole revocation revocation n. 1) mutual cancellation of a contract by the parties to it. 2) withdrawing an offer before it is accepted. ("I revoke my offer"). 3) cancelling a document before it has come into legal effect or been acted upon, as revoking a will. 4) to recall a power or authority previously given as cancelling a power of attorney or cancelling a driver's license due to traffic offenses. (See: contract, will) procedures, and alleging violation of their due process rights. The district court held that the state's unitary parole revocation hearing system violated the parolees' procedural due process rights. According to the court, the hearing system, which permitted detention of parolees upon a parole officer's issuance of a parole hold without a preliminary hearing preliminary hearing n. in criminal law, a hearing to determine if a person charged with a felony (a serious crime punishable be a term in the state prison) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime charged. to determine probable cause probable cause n. sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime., violated the parolees' rights even though the state permitted a comprehensive hearing prior to making a final revocation decision. The court noted that the average delay in holding the final revocation hearing was between thirty-one and forty-five days. (California Board of Prison Terms) |
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