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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

State v. Hemingway, 196 Vt. 441 (2014)

Citation
State v. Hemingway, 196 Vt. 441 (2014)
Parent Document
State v. Hemingway, 196 Vt. 441 (2014)
Jurisdiction
Vermont (state)
Effective Date
2014-05-09

Other Sections in This Document (105)

Full Text

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¶ 19. We conclude that the Legislature reached a balance between justice in the individual case and proper administration of the probation system by requiring that there be explicit, written notice of probation terms in every case. Turning this notice requirement into a paper tiger, by holding that there is no consequence for its violation, would undermine its purpose. The main incentive to obey the command would be eliminated, and we would be required to determine what actual notice was given based on an imprecise record. We decline to perpetuate a world in which it could take a divided vote of this Court to figure out the terms of probation.