Revocation of Probation and Parole in Nebraska: A Procedural Antithesis

The procedural due process questions which permeate revocations of probation and parole will be discussed in this Comment primarily in light of Mempa v. Rhay and In re Gault. Attention then shifts to the disparity in the procedural elements presently guaranteed probationers and parolees in revocation proceedings under Nebraska law and whether the denial of a hearing to the parolee is violative of equal protection of laws. The Comment concludes by suggesting legislation providing procedural safeguards in the revocation hearing, which not only will ensure the offender a fair hearing but also will further the rehabilitative goals of the concept of conditional release.