A Trial By Another Name: Daisey Kates and Injustice in Pretrial Revocation of Probation and Parole

“It is considered “good law” in Pennsylvania that prosecution can bring a violation of probation or parole (VOP) hearing for a direct violation of the conditions of parole even before the alleged violation’s substantive criminal trial takes place. Mrs. Kates’s name has since become synonymous with pretrial VOP hearings for direct violations. This Comment calls for a true end to this unjust and unfair practice, arguing primarily that “Daisey Kates” hearings serve as an unconstitutional prosecutorial back channel that undermines appropriate criminal procedure, allowing the accused to be incarcerated under the preponderance standard without proper access to due process.”