Deck 4: Diversion and Probation: How Most Offenders Are Punished

Question 1

_____ is defined as the halting or suspension,before conviction,of formal criminal proceedings against a person,conditioned on some form of counterperformance by the defendant.

A)Parole
B)Probation
C)Diversion
D)Recidivism

Answer 1

C

Question 2

Judge _____ made the first recorded use of release on recognizance in America.

A)Charles Evans Hughes
B)Earl Warren
C)Peter Oxenbridge Thatcher
D)Edmund W.Clarke Jr.

Answer 2

C

Question 3

The PSR is prepared by a _____.

A)judge
B)police officer
C)probation officer
D)psychologist

Answer 3

C

Question 4

A sentence of probation allows an offender to remain in the community for _____.

A)reintegration
B)recidivism
C)retribution
D)institutionalization

Question 5

The termination of criminal processing at any point before adjudication,with no threat of later prosecution is called _____.

A)recidivism
B)revocation
C)conditional diversion
D)unconditional diversion

Question 6

Which of the following is an advantage of using diversion?

A)It gives offenders an opportunity for individualized assistance before they get too far down the path of crime.
B)It provides a path for people to give up some of their freedom without being tried and convicted.
C)It is a form of nonpunishment that might help in reducing crime and promoting community safety.
D)It serves a small percentage of offenders,and helps to spend resources optimally.

Question 7

Which of the following states has the largest adult probation population?

A)Nevada
B)New Hampshire
C)North Dakota
D)Georgia

Question 8

The state of _____ was the first state to pass a statute authorizing probation.

A)New York
B)Massachusetts
C)Pennsylvania
D)New Jersey

Question 9

_____ refers to the dismissal of charges if the defendant satisfactorily completes treatment,counseling,or other programs ordered by the justice system.

A)Recidivism
B)Conditional diversion
C)Revocation
D)Unconditional diversion

Question 10

Which of the following is a reason why probation is conditional?

A)It permits the offender to remain in the community for reintegration.
B)It can be revoked if certain conditions are not met.
C)It avoids prison institutionalization and the stigma of incarceration.
D)It is as effective as incarceration in reducing future criminal activity.

Question 11

_____ was the "founder of probation."

A)John Augustus
B)John Howard
C)Sanford Bates
D)Peter Oxenbridge Thatcher

Question 12

The conditional release of a convicted offender,into the community,under supervision is called _____.

A)probation
B)arraignment
C)diversion
D)adjudication

Question 13

Offences committed against the social values and interests represented in and protected by the criminal law,and in which parties willingly participate are called _____ crimes.

A)personal
B)white-collar
C)victimless
D)organized

Question 14

The repetition of criminal behavior,generally defined as rearrest,is called _____.

A)counterperformance
B)technical violation
C)new offense violation
D)recidivism

Question 15

A written document that describes the losses,suffering,and trauma experienced by a crime victim or by the victim's survivors is called a _____.

A)power of attorney
B)plea for mercy
C)victim opinion statement
D)victim-impact statement

Question 16

The "founder of probation" was a shoemaker in the city of _____.

A)New York
B)Boston
C)Philadelphia
D)London

Question 17

The National Probation Act was signed by President _____.

A)Theodore Roosevelt
B)Grover Cleveland
C)Calvin Coolidge
D)William McKinley

Question 18

Diversion has its roots in the _____ theory,the idea that a person processed through the criminal justice system will be more stigmatized than a person handled informally,as well as the idea that incarceration can do more damage than good.

A)counterperformance
B)revocation
C)crime opportunity
D)labeling

Question 19

The National Probation Act of 1925 authorized:

A)the appellate courts to handle routine appeals from the district and circuit courts.
B)each federal district court to appoint one salaried probation officer,with a fixed annual income.
C)appellants to file petitions for writs of Certiorari so that the Supreme Court could select their cases.
D)the creation of three new circuit judgeships for the six new circuit courts.

Question 20

Which of the following is the fourth rationale for diversion?

A)The experience of being arrested can discourage more criminal behavior.
B)It is more expensive than processing an offender through the criminal justice system.
C)It is to give a typical diversion client can be offered a better chance in life.
D)It is appropriate to formally process crimes in which the involved parties willingly participate.

Question 21

The first and most important purpose of the presentence report (PSR)is to:

A)impose a sentence when an impending trial is postponed.
B)describe the losses,suffering,and trauma experienced by a crime victim.
C)assist the court in reaching a fair sentencing decision.
D)list the technical violations,committed by a probationer,that trigger revocation.

Question 22

While diversion is considered a good practice,it costs more than the use of incarceration.

Question 23

In the PSR,the _____ estimates the offender's degree of risk to the community and need factors (sociological,psychological,and economic)that impact criminal behavior.

A)probation officer
B)presiding judge
C)prosecutor
D)arresting officer

Question 24

A(n)_____ is a failure to comply with the conditions of probation.

A)technical violation
B)new offense violation
C)espionage
D)perfidy

Question 25

Which of the following is an element of probation supervision?

A)Individual counselling
B)Resource mediation
C)Sentencing
D)Pre-plea investigation

Question 26

In 2011,_____ million adults were on probation and parole in the United States.

A)1
B)2
C)3
D)4

Question 27

In the _____ case,the Supreme Court decided that there was no difference between probation and parole revocation because both of them resulted in loss of liberty.

A)Morrisey v.Brewer
B)Gagnon v.Scarpelli
C)Williams v.Oklahoma
D)Furman v.Georgia

Question 28

One of the rationales for diversion is that the stigma of being formally arrested,tried,and convicted can actually encourage more criminal behavior.

Question 29

The formal termination of an offender's conditional freedom is known as _____.

A)reconviction
B)revocation
C)diversion
D)adjudication

Question 30

The PSR starts with an interview between the probation officer and the _____.

A)defendant
B)prosecutor
C)judge
D)arresting officer

Question 31

The second major role of a probation officer is _____.

A)client supervision
B)case investigation
C)revocating
D)sentencing

Question 32

_____ means making probationers accountable for their behavior,and making sure they understand the consequences of violating the conditions of probation.

A)Resource mediation
B)Enforcement
C)Surveillance
D)Case investigation

Question 33

In Missouri,a presentence report is called a _____.

A)victim-impact statement
B)sentence assessment report
C)violation report
D)psychological review

Question 34

The average probation officer,in the United States,supervises approximately _____ offenders.

A)42
B)65
C)100
D)139

Question 35

A due process hearing that must be conducted to determine whether the conditions of probation have been violated is called a(n)____ hearing.

A)unofficial
B)congressional
C)preliminary
D)revocation

Question 36

Thirty-five states allow probation officers to carry firearms.

Question 37

The second purpose of a PSR is to:

A)prepare an offender to adapt to the norms and culture of institutional living.
B)brief the family members about the offenders counselling treatment.
C)impose a sentence when an impending trial is postponed.
D)outline a treatment plan for the offender.

Question 38

John Augustus was the founder of probation.

Question 39

Who among the following can call for a diversion?

A)A prosecutor
B)A defendant
C)A probation officer
D)A clinical supervisor

Question 40

Probation is less expensive,more humanitarian,and as effective as incarceration in reducing future criminal activity.

Question 41

The case of Williams v.Oklahoma dealt with the issue of probation revocation.

Question 42

A sentence of _____ allows an offender to remain in the community for reintegration purposes.

Question 43

Diversion in which charges are dismissed if the defendant satisfactorily completes treatment,counseling,or other programs ordered by the justice system is called _____.

Question 44

Fleeing without permission of the jurisdiction,in which the offender is required to stay,is called absconding.

Question 45

The halting or suspension,before conviction,of formal criminal proceedings against a person,conditioned on some form of counterperformance by the defendant is called _____.

Question 46

The average Probation Officer,in the United States,supervises around 43 offenders.

Question 47

At a revocation hearing the defendant has limited rights,and is not allowed to present evidences or witnesses.

Question 48

The termination of criminal processing at any point before adjudication with no threat of later prosecution is called _____.

Question 49

The PSR outlines a treatment plan for the offender.

Question 50

A type of crime in which all parties willingly participate is known as _____.

Question 51

Revocation hearings usually begin with a violation report prepared by the probation officer.

Question 52

A technical violation of a condition of probation will always result in the revocation of probation.

Question 53

The conditional release of a convicted offender,into the community,under the supervision of a probation officer is called _____.

Question 54

_____ is also used for persons who are classified as mentally ill or incompetent.

Question 55

The first person that a probation officer interviews when preparing a PSR is the presiding judge.

Question 56

The defendant's participation,in exchange for diversion,in a treatment,counseling,or education program aimed at changing his or her behavior is called _____.

Question 57

The PSR is used by the judge in reaching a fair sentencing decision.

Question 58

In Tennessee,a presentence report is called a sentence assessment report.

Question 59

Diversion has its roots in the _____ theory.

Question 60

Judge Thatcher made the first recorded use of release on recognizance in sentencing _____.

Question 61

The arrest and prosecution for the commission of a new crime is called _____.

Question 62

_____ was the founder of probation.

Question 63

The State of _____ has the largest adult probation population.

Question 64

_____ highlights the importance of using scientific research to study correctional policy.

Question 65

The founder of probation was a shoemaker in the city of _____.

Question 66

The National Probation Act was signed by President _____.

Question 67

The State of _____ has the lowest adult probation population.

Question 68

_____ means providing offenders access to a wide variety of services,such as job development,substance abuse treatment,counseling,and education.

Question 69

The state of _____ was the first to pass a statute authorizing probation.

Question 70

The repetition of criminal behavior,generally defined as rearrest,is called _____.