In re Coughlin

In In re Coughlin (1976) 16 Cal.3d 52 the defendant was acquitted of burglary in the municipal court. Later, there was a hearing in superior court to determine whether his probation should be revoked. He was on probation following convictions of burglary and receipt of stolen property. ( Pen. Code, 459, 496.) It was held that evidence tending to prove that the defendant was guilty of the burglary could be admitted at the probation revocation hearing without violating due process principles or the proscription against double jeopardy. The reasoning of the court was that Penal Code section 1203.2, subdivision (a), authorizes revocation of probation when the court has reason to believe that he has violated any of the conditions of his probation. As said in In re Coughlin, supra, 16 Cal.3d at pages 59-60: "It is unquestionable that the probation decision necessarily involves an element of risk and consequent potential danger to a society that may be victimized. Premature release from imprisonment may soon result in a repetition of criminal conduct. Thus, decisions involving probation require the exercise of an informed discretion, following a careful balancing of the respective interests of the offender and the public generally. Such a delicate balance cannot be achieved by foreclosing the courts from consideration of evidence bearing directly upon the offender's willingness and ability to complete a successful period of probation. As stated in People v. Andre, supra, 37 Cal.App.3d 516 at pp. 520-521: 'Probation and parole are granted in the hope and expectation that the conditional release, under supervision, will better serve to rehabilitate a defendant than would supervised incarceration. The court, or the paroling authority, need not wait until the defendant proves, by new acts of criminality, that the hope and expectation were unfounded. Acts short of criminality, or evidence which leaves a criminal violation still uncertain, may well, in the judgment of the court of authority, indicate that the hoped for rehabilitation is on the road to complete failure and that a more restrictive process is required both to protect society and to assist the defendant toward ultimate rehabilitation.'"