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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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¶ 16.        
The second reason, however, is probably the more important one.  In
light of what is at stake for the probationer—loss of liberty for a
violation—it is vital that the probationer have a clear and certain
understanding of the obligations assumed.  Endorsing a requirement that
probation conditions be in writing, Professor LaFave observed that “when that
is not done the probationer will probably misunderstand the precise terms of
his obligations.”  6 W. LaFave, J. Israel, N. King & O. Kerr, Criminal
Procedure § 26.9(a), at 861 (3d ed. 2007).  Indeed, probation
revocation cases that have come before us in which the scope and nature of the
probationer’s obligation is in dispute show the need for clear probation
obligations and notice of what those obligations are.