State v. Workman

Drug Court

State v. Workman

Case Year: 
2014
State of Origin: 
Nebraska

Minimal due process to which parolee or probationer is entitled also applies to participants in drug court program: (1) written notice of time and place of hearing; (2) disclosure of evidence; (3) neutral fact-finder; (4) opportunity to be heard and present witnesses and evidence; (5) right to cross-examine adverse witnesses, unless an informant would be subjected to risk of harm if identity disclosed or unless good cause for not allowing confrontation; and (6) written statement by fact-finder as to evidence relied on and reasons for revoking conditional liberty.  The standard of proof for termination from drug court is preponderance of the evidence.

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