Deck 2: How Probation Developed: Chronicling Its Past and Present

Question 1

In 1984, the Comprehensive Crime Control Act abolished federal parole and brought all supervised prison releasees under the judicial control of federal probation departments.

Answer 1

True

Question 2

The father of probation in the United States was a bootmaker.

Answer 2

True

Question 3

A "motion to quash" is a court order that postpones the filing, imposition, or execution of a sentence if an offender can maintain good behavior.

Answer 3

False

Question 4

The procedure most closely related to modern probation is the indeterminate sentence.

Question 5

Community corrections acts were developed as statewide agreements through which local government could receive funding to develop community correctional sanctions.

Question 6

The "justice model of supervision" that took place from 1982 to 2000 utilized an escalated system of sanctions that corresponded to the level of social harm that resulted from an offender's actions.

Question 7

Police may use discretion to issue a civil citation to an adult who commits a status offense.

Question 8

An amercement refers to a monetary penalty imposed arbitrarily at the discretion of the court for an offense.

Question 9

At one time in England, more than 200 crimes were punishable by death, including many relatively minor property offenses.

Question 10

The two kinds of suspended sentences are suspension of imposition of sentence and suspension of execution of sentence.

Question 11

Commonwealth v. Chase (1831) is often cited as an early example of how corporal punishment was first used in the United States.

Question 12

John Augustus, a Boston bootmaker in the mid-1800s, has been credited as being the "Father of Probation" in the United States.

Question 13

The "brokerage of services era of community corrections" involved identifying the needs of probationers and parolees and referring them to an appropriate community agency.

Question 14

In the United States today, probation is exclusively administered by the executive branch of government.

Question 15

Early British criminal law was dominated by the objectives of punishment and retribution.

Question 16

Probation, as it is practiced today in the United States, evolved out of norms and traditions of the Greek, Roman, and Arab cultures.

Question 17

The "casework model of community corrections" that occurred from 1900 to 1970 in the United States emphasized fairness and due process.

Question 18

"Placing out," which was a process that placed delinquents who would have otherwise been sent to reform school in foster homes, was an early form of juvenile probation.

Question 19

Elmira, New York, is the location of the first juvenile justice system in the United States.

Question 20

In 1898, Vermont became the second state to pass a probation statute and adopted a county plan of organization.

Question 21

Who is known as the "father of probation" for the United States?

A) Matthew Hill
B) John Howard
C) Andrew Jackson
D) John Augustus

Question 22

Massachusetts's judges often used this procedure to allow offenders to go free when they thought the statutory penalties were inhumane.

A) Abjuration
B) Motion to quash
C) Probation
D) Recognizance

Question 23

In early British criminal law, a(n) _____ was a monetary penalty imposed arbitrarily at the discretion of a court for an offense.

A) amercement
B) filing
C) surety
D) motion to quash

Question 24

__________ is considered to be one of the original cofounders of probation and has been credited for laying the foundation for probation in England.

A) Reverend Thomas Wright
B) Matthew Davenport Hill
C) Reverend Paul Klenowski
D) John Murray Spear

Question 25

_____ refers to the an alternative program to traditional criminal justice sentences that provides first-time offenders with a chance to have the current charges against them if they abide by a predetermined treatment plan to be carried out in the community.

A) Restoration
B) Diversion
C) Adjudication
D) Reformation

Question 26

To protect children from exploitation in the early to mid-1800s, the New York Children's Aid Society

A) shipped children to farmers in the West.
B) insisted on punitive measures of accountability.
C) developed local community corrections programs.
D) rallied political support for reform.

Question 27

_____________ are contractual agreements that assures county governments that they will receive state funding for its community-based correctional programs.

A) Community corrections acts
B) Restorative relief acts
C) State-based correctional relief acts
D) Diversionary corrections acts

Question 28

The National Probation Act was signed into law by

A) Calvin Coolidge.
B) Theodore Roosevelt.
C) Franklin Roosevelt.
D) Richard Nixon.

Question 29

Statewide probation was first sanctified by statute in which of the following states in 1878?

A) Florida
B) Texas
C) Virginia
D) Massachusetts

Question 30

Federal probation was not officially established until

A) 1905.
B) 1915.
C) 1925.
D) 1935.

Question 31

When an indictment is held in abeyance with neither dismissal nor final conviction, in cases in which the judge wishes to defer adjudication or suspend the sentence, it is

A) deferential adjudication.
B) laid on file.
C) mandated to probation.
D) deemed unworthy.

Question 32

In early British criminal law, punishments consisted primarily of

A) prison.
B) jail.
C) corporal punishment.
D) fines.

Question 33

Contemporary probation is the direct result of the effort in England and the United States to

A) avoid harsh corporal punishments.
B) ensure the capture of a greater number of offenders.
C) maximize punishment and retribution.
D) coordinate community corrections efforts with parole programs.

Question 34

A(n) _____ is a court order after a verdict, finding, or guilty plea that suspends or postpones an imposition or execution of a sentence during a period of good behavior.

A) suspended sentence
B) abeyance
C) recognizance
D) abjuration

Question 35

The first juvenile court was established in Chicago in

A) 1800.
B) 1899.
C) 1920.
D) 1955.

Question 36

From the 1700s to the early 1800s, children were disciplined and punished for crimes

A) by the church.
B) through an elaborate judicial process.
C) by a jury of their peers.
D) by parents and other adults in the community.

Question 37

A procedure that allowed the indictment to be held without further action but allowed the judge to impose certain conditions on the defendant was known as

A) good abearance.
B) recognizance.
C) abjuration.
D) laid on file.

Question 38

The case of _____ is often cited as an example of the early use of release on recognizance.

A) Roper v. Simmons
B) Commonwealth v. Chase
C) Gideon v. Wainwright
D) In re Gault

Question 39

Security for good behavior is similar to modern-day

A) bail.
B) fines.
C) day fines.
D) restitution.

Question 40

In 1916, the U.S. Supreme Court resolved the issue of whether the courts had the power to indefinitely suspend sentences in which of the following cases?

A) Killits
B) Case
C) Gagnon
D) Pate

Question 41

______________ was the person responsible for the establishment of the first juvenile court in 1899 in the city of Chicago, Illinois.

Question 42

________________ as it is practiced today was devised to avoid the mechanical application of the harsh penal codes of earlier times.

Question 43

When an indictment is held in abeyance with neither dismissal nor final conviction, in cases in which the judge wishes to defer adjudication or suspend the sentence, it is _____.

Question 44

Today, __________ is used to ensure a defendant's presence at court, but the main goal was originally to humanize criminal law and mitigate its harshness.

Question 45

Probation systems are often either county or _____ controlled and funded.

A) locally
B) state
C) federally
D) none of the above

Question 46

The chance to avoid a criminal record by completing a term of community supervision where an individual follows a predetermined treatment plan while agreeing to stay out of trouble is known as ___________.

Question 47

Which of the following agencies qualifies for funding through community corrections acts?

A) Federal probation
B) State parole
C) Local probation
D) County jail

Question 48

About ________% of current probationers have at least one prior conviction.

A) 20
B) 30
C) 40
D) 50

Question 49

The "brokerage of services" model in community corrections sought to provide

A) therapeutic services to probationers and parolees.
B) referral to appropriate community agencies.
C) supervision by a team of officers with individual specializations.
D) a focus on fairness and due process.

Question 50

Federal probation was authorized in 1925 when President Coolidge signed the ____________________.

Question 51

In the contemporary organizational structure of probation agencies in the United States, the practices are

A) uniform.
B) all state administered.
C) all county administered.
D) not uniform.

Question 52

Which community corrections model in the United States utilized probation and parole officers as social workers who sought to diagnosis and treat those offenders (clients) they were assigned?

A) Brokerage of services
B) Case worker
C) Justice
D) Neighborhood-based supervision model

Question 53

It is generally agreed that the first true probation law was enacted in the United States in 1878 and grew out of the work of ________________, who is credited with being a "founder of probation" in America.

Question 54

A monetary penalty imposed arbitrarily by the court in punishment for an offense is known as a(n) _____.

Question 55

Juvenile probation was formed under English common law and the doctrine of ____________, which is a Latin term for the doctrine that "the state is parent" and therefore serves as guardian of juveniles who might not be able to fend for themselves.

A) parens patriae
B) corpus delicti
C) habeas corpus
D) nolo contedere

Question 56

A police officer who suspects a juvenile of smoking cigarettes can refer that juvenile directly to a deferred adjudication via

A) arrest.
B) mandatory sentencing.
C) shock incarceration.
D) civil citation.

Question 57

_____ is the philosophy of allowing the state to serve as the guardian of juveniles who might not be able to fend for themselves.

Question 58

When the court enters an order after the verdict, finding, or plea that postpones the imposition, or execution, of sentence during the good behavior of the offender, it is known as a(n) ________________________.

Question 59

Diversion is also known as

A) bail.
B) pretrial release.
C) deferred adjudication.
D) security for good behavior.

Question 60

Vermont was the second state to pass a probation statute, adopting a(n) _____ plan of organization in 1898.

Question 61

An oral or written request that the court repeal, nullify, or overturn a decision, usually made during or after the trial, is called a ________.

Question 62

You are a judge in a small Nebraska town. There is an opioid epidemic, and many of the dealers are minors. You need to come up with a consistent, clear plan for probation. Should probation of the juvenile offenders in your district be handled differently from that of adults? Contextualize your opinion using historical examples from your text.

Question 63

How has the concept of supervision changed over the past century? What factors have brought about these changes?

Question 64

The vast majority of current U.S. probationers have been sentenced for a(n) ______ or alcohol violation.

Question 65

Who were John Augustus and Matthew Davenport Hill, and what was their role in regard to probation in their respective countries?

Question 66

Which of the two models of supervision-neighborhood-based or criminogenic needs-based- do you think is most effective? Why? Discuss the benefits and drawbacks of each in your answer.

Question 67

What was the Ex parte United States court case? What was its impact on modern probation?

Question 68

Closely allied to the brokerage of services model of community corrections, the __________________ model encourages probation and parole officers to form skills and linkages with community agencies in one or two areas only.

Question 69

What are community corrections acts, and how do local-level, community correctional agencies benefit from them?

Question 70

Discuss the significance of the decision in Commonwealth v. Chase.

Question 71

You are a judge who must use discretion in order to determine how probationers are treated. Most of your cases are misdemeanors, and but budgetary concerns are pressuring you to make a "one-size-fits-all" decision that applies to both felonies and misdemeanors. You need to write an op-ed in your local newspaper arguing why felony probationers should be treated differently than misdemeanor offenders.

Question 72

What are the two kinds of suspended sentence? How do they differ, and how does the distinction between them affect the organization of our modern probation system?

Question 73

You are running for governor on a civil liberties platform. Many of your potential constituents believe that parole and probation should be separate, but there is a conservative section of the state that believes the budgetary needs of the state requires they be combined. What do you feel is the best course of action, and how will you convince all voters that the executive branch of government is most effective to handle these cases? Use examples from the text to justify your opinion.

Question 74

You live and work in Oregon as a state representative. There is increasing tension between local law enforcement and the governor, who wants more control in parole and probation supervision. You have to discuss the pros and cons of each side to the opposing side. What will you say to each? Use the Oregon Community Corrections Act from Box 2.1 of the text as a model for how things work in your state.

Question 75

The community corrections model known as the ____________ model sought to provide therapeutic services to probationers or parolees (often referred to as clients) to assist them in living productively in the community.