Deck 10: Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

Question 1

Programs such as house arrest and restitution are examples of intermediate sanctions tied to probation departments.

Answer 1

False

Question 2

A suspended sentence is a prison term that is delayed while the defendant undergoes a period of community treatment; if the treatment is successful, the prison sentence is terminated.

Answer 2

True

Question 3

Intermediate sanctions can be scaled in severity to correspond to the seriousness of the crime.

Answer 3

True

Question 4

Judges are generally granted discretion to tailor the restrictions of a probation sentence to fit what they deem to be the needs of the individual offender.

Question 5

A probationer's home may be searched without a warrant by a probation officer if the officer suspects criminal activity.

Question 6

A recognizance was a historic practice that enabled convicted offenders to go unpunished if they agreed to refrain from further criminal behavior; sometimes a surety was required.

Question 7

Motivational interviewing is used by probation staff as part of the treatment phase to increase probationers' awareness of their potential problems.

Question 8

In Minnesota v. Murphy , the court ruled that the probation officer-client relationship is confidential.

Question 9

Restitution ranks lower than probation on the punishment ladder.

Question 10

More than half of all cases involve a direct sentence to probation for a fixed period of time.

Question 11

Probation typically involves the suspension of an offender's sentence for the promise of good behavior in the community.

Question 12

The probation officer has little say in the planning of a probationer's treatment program.

Question 13

Intensive probation supervision (IPS) has been proven effective at reducing reoffending rates.

Question 14

An individual who has committed a serious offense, or who has a prior felony conviction, is never awarded probation.

Question 15

Probation rests on the belief that most convicted criminals are neither dangerous nor a menace to society and can be reformed if given the opportunity.

Question 16

The sentencing judge has very limited discretion in setting probation conditions.

Question 17

Some jurisdictions have instituted restorative justice programs called "sentencing circles" as a form of diversion from the court process.

Question 18

National data indicate that 60 percent of probationers successfully complete their probationary sentence.

Question 19

If the rules or conditions of probation are violated, or if the probationer commits another crime, revocation is automatic.

Question 20

The historic version of probation was termed a judicial reprieve.

Question 21

____ refers to the process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings.

A) Intake
B) Presentence investigation
C) Diagnosis
D) Adjudication

Question 22

What modern concept is attributed to the nineteenth century volunteer work of John Augustus?

A) Prison
B) Parole
C) Sureties
D) Probation

Question 23

What common-law practice allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior?

A) Judicial reprieve
B) Recognizance
C) Probation
D) Surety

Question 24

Restorative justice programs have been implemented for when the police first encounter a crime.

Question 25

The ____ is conducted to gain information on the background and activities of the offender being considered for probation.

A) intake
B) presentence investigation
C) diagnosis
D) adjudication

Question 26

What entity initially sets down the conditions or rules of behavior that must be followed by the probationer?

A) The court
B) The correctional authority
C) The victim's assistance office
D) A private, third-party contractor

Question 27

Which of the following is false with regard to probation?

A) The sentencing judge has broad discretion to set specific probation conditions on a case-by-case basis.
B) Probation services are organized uniformly across all states.
C) A probation officer's working style is influenced by both personal values and the department's policies.
D) Probation officers are involved in risk classification of probationers so they may receive appropriate treatment and control.

Question 28

In ____, the Supreme Court held that a probationer's home may be searched without a warrant on the grounds that probation departments "must respond quickly to evidence of misconduct."

A) Beardon v. Georgia
B) Minnesota v. Murphy
C) Griffin v. Wisconsin
D) United States v. Knights

Question 29

Probation sentences involve:

A) a contract between the prison and the offender wherein the offender is released early.
B) rules or conditions mandated by the prison.
C) offenders who are considered dangerous to society.
D) the opportunity for offenders to prove themselves.

Question 30

Split sentencing involves sparing the offender the negative short-term effects of incarceration.

Question 31

Offenders with good employment records and young offenders who commit petty crimes are most likely to succeed in an IPS program.

Question 32

Which of the following is not a landmark Supreme Court case that deals with the legal rights of probationers?

A) United States v. Weeks
B) Minnesota v. Murphy
C) Griffin v. Wisconsin
D) United Sates v. Knights

Question 33

Which of a probation officer's tasks encompasses the process of motivational interviewing?

A) Presentence investigation
B) Intake
C) Diagnosis
D) Treatment

Question 34

Which duty of a probation officer involves evaluating the probationer based on information from the initial intake or presentence investigation in order to establish future treatment goals?

A) Investigation
B) Intake
C) Diagnosis
D) Treatment supervision

Question 35

According to restorative justice, offenders must accept accountability for their actions to be restored as productive members of the community.

Question 36

In ____, the court ruled that the probation officer-client relationship is not confidential.

A) Beardon v. Georgia
B) Minnesota v. Murphy
C) Griffin v. Wisconsin
D) United States v. Knights

Question 37

Felonies are more likely to receive probationary periods that are shorter than the suspended prison sentence. The typical felony probation sentence is how long?

A) A little less than three years
B) A little more than three years
C) About five years
D) More than five years

Question 38

Electronic monitoring systems have the ability to limit an offender's movements to appropriate areas.

Question 39

What happens when probation is revoked?

A) The probation contract is terminated and the original sentence is imposed.
B) The judgment is deferred until the defendant is rehabilitated.
C) The defendant is subject to mandatory participation in a pretrial diversion program.
D) The probation contract is extended and a prison term is imposed.

Question 40

In ____, the Supreme Court held that a probationer is constitutionally entitled to counsel in a revocation-of-probation proceeding if the imposition of a sentence has been suspended.

A) Mempa v. Rhay
B) Minnesota v. Murphy
C) Griffin v. Wisconsin
D) Morrissey v. Brewer

Question 41

Which of the following is not a primary goal of IPS?

A) Decarceration
B) Rehabilitation
C) Control
D) Reintegration

Question 42

Community service is an example of:

A) forfeiture.
B) shock incarceration.
C) restitution.
D) intensive probation supervision.

Question 43

Which of the following is an example of monetary restitution?

A) Paying for a victim's hospital bill
B) Volunteering for a hospital
C) Attending a day reporting center
D) Taking part in a work program

Question 44

What type of fine is geared to the offender's net daily income?

A) Social security fines
B) Tax fines
C) Brevity fines
D) Day fines

Question 45

The most secure intermediate sanction is a sentence to:

A) a DRC.
B) house arrest.
C) electronic monitoring.
D) an RCC facility.

Question 46

In addition to potentially helping rehabilitate offenders better than incarceration, probation is also an appealing sentencing option because it:

A) controls for recidivism better than other intermediate sanctions.
B) holds the promise of great financial savings.
C) only treats the most suitable offenders.
D) is justified in the ladder of punishment as a just desert sanction based on the severity of the criminal act.

Question 47

Which of the following is the least punitive alternative on the punishment ladder?

A) Forfeiture
B) Pretrial release
C) Fines
D) Restitution

Question 48

Which of the following individuals is most likely to succeed on probation?

A) A young unemployed male
B) A single female without a high school diploma
C) A single male with a prior criminal record
D) A married female with a part-time job

Question 49

According to the basic principles of restorative justice, the first priority of the justice process is to:

A) restore the community to the best degree possible.
B) assist the victims.
C) shame the offender.
D) treat all offenders equally.

Question 50

Which of the following is a federal forfeiture program?

A) Day Reporting Centers (DRC) programs
B) The Racketeer Influence and Corrupt Organizations (RICO) Act
C) The Organized Crime and Antidrug Act
D) RCC centers

Question 51

A classic study by the RAND Corporation found that _____ percent of felony probationers are soon rearrested after being put on probation.

A) 34
B) 51
C) 65
D) 75

Question 52

Which of the following is false regarding intermediate sanctions?

A) They help the offender maintain family and community ties.
B) They are more costly than jail or prison sentences.
C) They can be structured to maximize security and maintain public safety.
D) They can be scaled in severity to correspond to the seriousness of the crime.

Question 53

Which of the following is not a form of intermediate sanction?

A) Intensive probation supervision
B) House arrest
C) Residential community corrections (RCC)
D) Sentencing circles

Question 54

Which intermediate sanction makes a jail term a condition of probation?

A) Shock probation
B) Intensive probation supervision
C) Split sentencing
D) RCC

Question 55

Which of the following is false regarding the success of probation?

A) National data indicate that only 30 percent of probationers are successful in completing their probationary sentence.
B) Most revocations occur for technical violations during the first three months of probation.
C) Felons who receive probation are less likely to recidivate than felons who are sent to prison for committing similar crimes.
D) Incarcerating offenders increases the likelihood of recidivism.

Question 56

What did the court rule in Tate v. Short ?

A) Incarcerating a person who is financially unable to pay a fine discriminates against the poor.
B) All criminal defendants, regardless of financial situation, may be fined and incarcerated if unable to pay the fine.
C) Offenders must be offered a community service alternative to fine payment.
D) Most fines were imposed in an arbitrary and discriminatory manner that violates constitutional rights.

Question 57

Resentencing an offender to probation after a short prison stay is termed:

A) shock probation.
B) intensive probation supervision.
C) split sentencing.
D) RCC.

Question 58

Which of the following is not an initiative currently in place or suggested to improve probation?

A) Electronically monitored probation
B) HotSpot probation
C) Making probationers pay
D) Making probation private

Question 59

Which of the following is the highest on the punishment ladder?

A) Forfeiture
B) Intensive probation
C) House arrest
D) Electronic monitoring

Question 60

What is the term associated with the strict interpretation of forfeiture statutes that produces property confiscations for even minor drug violations?

A) Zero tolerance
B) RICO raiding
C) Shock forfeiture
D) Asset grabbing

Question 61

Grant was arrested for unlawful possession of a firearm, a misdemeanor in New York State. He is involved in a custody battle with his ex-wife and he brought the gun with him to scare her into letting him see his daughter more often. They got into a shouting match and he pulled the gun out. Grant was arrested and he pled guilty to disorderly conduct, a handgun violation, and was given probation. Even though Grant and his ex-wife don't see eye to eye, the likelihood that Grant will successfully complete his term of probation is high based on which factor?

A) He wants to see his daughter.
B) He does not have a past criminal history.
C) The judge will put him in jail if he doesn't comply.
D) He is getting counseling for his anger issues.

Question 62

According to the ________________view, crime shares a common trait in that it brings harm to the community in which it occurs.

Question 63

Grant was arrested for unlawful possession of a firearm, a misdemeanor in New York State. He is involved in a custody battle with his ex-wife and he brought the gun with him to scare her into letting him see his daughter more often. They got into a shouting match and he pulled the gun out. Grant was arrested and he pled guilty to disorderly conduct, a handgun violation, and was given probation. What medieval practice serves as the basis of probation that allowed Grant to serve a punishment in the community by following conditions of supervision?

A) Judicial reprieve
B) Surety
C) Suspended sentencing
D) Dispositions

Question 64

____________________ is resentencing an offender to probation after a short prison stay.

Question 65

The severity of punishment is geared to the offender's ability to pay in ____________________.

Question 66

Grant was arrested for unlawful possession of a firearm, a misdemeanor in New York State. He is involved in a custody battle with his ex-wife and he brought the gun with him to scare her into letting him see his daughter more often. They got into a shouting match and he pulled the gun out. Grant was arrested and he pled guilty to disorderly conduct, a handgun violation, and was given probation. You are Grant's probation officer and you stop by the police station to visit an officer on "gun amnesty and buy back day." You see Grant turning in a handgun. Although he is indeed turning it in, it is a violation of Grant's conditions of probation to be in possession of a firearm. What is your best course of action?

A) Change Grant's probation to a suspended sentence.
B) Make Grant forfeit the money he receives from the gun amnesty program.
C) Revoke Grant's probation on the spot and have your friend arrest him.
D) Notify Grant that his probation may be revoked and his conditions may be changed.

Question 67

____________________ is the case where the Supreme Court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine or make a restitution.

Question 68

Greg is 18 years old and has a drinking problem. He dropped out of high school and doesn't have a steady job but picks up bits and pieces of work when people are hiring for the short term. Recently he was arrested for driving while intoxicated, but before the police stopped him Greg ran a stop sign and got into an accident. The driver of the other vehicle ended up in serious but stable condition in the hospital. When the accident victim gets out of the hospital, she wants to talk about why Greg has been allowed to cause so much pain, why he hasn't gotten help for his drinking, and how he can move forward. What does she really want to accomplish?

A) Restorative justice
B) Getting Greg treatment
C) Setting probation conditions
D) Intermediate sanctions

Question 69

Jaime has just pled guilty to cocaine possession. At first she claimed that the drugs weren't hers but figured the judge might be lenient if he knew that she had fought with cocaine addiction since she was 14 years old. Her parents are in the public spotlight and the publicity was just too much for her to handle so she left home when she was 16, certain that she could make it on her own. After living on the streets addicted to anything she could get her hands on, she finally went back home to seek help from her parents who put her in rehab about 6 months ago. Jaime was sentenced to a $2,000 fine, 300 hours of community service, and 2 months of intensive outpatient drug treatment. Even though she is going to get help, Jamie feels like her sentence is a waste of time. Her probation officer asks a lot of questions when they meet and then starts discussing with her what her future could look like without cocaine and what steps she could take to accomplish that future. What task is the probation officer doing?

A) Post-sentence report
B) Risk classification
C) Intake
D) Motivational interviewing

Question 70

A(n) ____________________ is a sentence of incarceration that is not carried out unless the offender disobeys the rules of probation while in the community.

Question 71

Programs such as fines and forfeiture are examples of ____________________ sanctions.

Question 72

Which of the following is false regarding restorative justice programs?

A) Crime is an offense against human relationships.
B) Victims and the community are central to justice processes.
C) The offender will develop improved competency and understanding as a result of the restorative justice experience.
D) Stakeholders have no place in the restorative process.

Question 73

Greg is 18 years old and has a drinking problem. He dropped out of high school and doesn't have a steady job but picks up bits and pieces of work when people are hiring for the short term. Recently he was arrested for driving while intoxicated, but before the police stopped him Greg ran a stop sign and got into an accident. The driver of the other vehicle ended up in serious but stable condition in the hospital. The biggest problem is that Greg is a repeat offender and has two previous driving under the influence (DUIs) arrests on his record. The judge decides that Greg has used up all of his chances and decides to sentence him to a more serious punishment but one that he can revisit at a later date. Part of Greg's sentence was to pay for the damage to the car that he hit. What's one way he could do this without a steady job?

A) Day fines
B) Restitution
C) Community service
D) Residential fines

Question 74

____________________ involves analyzing and assigning cases to a level and type of supervision on the basis of the clients' particular needs and the potential for harm to the community.

Question 75

John Braithwaite argues that crime control can be better achieved through a policy of:

A) restitution.
B) reintegrative shaming.
C) intensive supervision.
D) RCC.

Question 76

Greg is 18 years old and has a drinking problem. He dropped out of high school and doesn't have a steady job but picks up bits and pieces of work when people are hiring for the short term. Recently he was arrested for driving while intoxicated, but before the police stopped him Greg ran a stop sign and got into an accident. The driver of the other vehicle ended up in serious but stable condition in the hospital. The biggest problem is that Greg is a repeat offender and has two previous driving under the influence (DUIs) arrests on his record. The judge decides that Greg has used up all of his chances and decides to sentence him to a more serious punishment but one that he can revisit at a later date. What is the judge likely to choose?

A) Jail
B) Split sentence
C) Prison
D) Decarceration

Question 77

Jaime has just pled guilty to cocaine possession. At first she claimed that the drugs weren't hers but figured the judge might be lenient if he knew that she had fought with cocaine addiction since she was 14 years old. Her parents are in the public spotlight and the publicity was just too much for her to handle so she left home when she was 16, certain that she could make it on her own. After living on the streets addicted to anything she could get her hands on, she finally went back home to seek help from her parents who put her in rehab about 6 months ago. Jaime was sentenced to a $2,000 fine, 300 hours of community service, and 2 months of intensive outpatient drug treatment. What do you think is the most likely reason for Jaime's sentence?

A) There is no room in jail for another drug offender.
B) Sentencing Jaime to a harsher punishment may embarrass her parents.
C) It is an attempt to help Jaime maintain the ties that she rebuilt with her family and community.
D) Restitution and community service is appropriate for a troubled drug offender.

Question 78

____________________ entails the conditional release of a convicted offender, without a jail term, into the community under the supervision of the court, subject to certain conditions for a specified time.

Question 79

Which of the following scenarios is not an example of a restorative justice policy adapted by the justice system?

A) Court programs that separate victims from offenders to avoid confrontation and trauma
B) Exploring options for students other than expulsion
C) Family group conferences that allow young offenders to make good for their offense
D) A police officer encouraging an offender to take responsibility for repairing the harm they caused

Question 80

Jaime has just pled guilty to cocaine possession. At first she claimed that the drugs weren't hers but figured the judge might be lenient if he knew that she had fought with cocaine addiction since she was 14 years old. Her parents are in the public spotlight and the publicity was just too much for her to handle so she left home when she was 16, certain that she could make it on her own. After living on the streets addicted to anything she could get her hands on, she finally went back home to seek help from her parents who put her in rehab about 6 months ago. Jaime was sentenced to a $2,000 fine, 300 hours of community service, and 2 months of intensive outpatient drug treatment. Even though she was going to get help, Jamie felt like her sentence was a waste of time. Jaime has relapsed and she knows that her probation officer is going to violate her probation for it, but she tells him anyway. He suggests that they try treatment again but inpatient instead of outpatient treatment this time around. Afterward, she will likely participate in what to help give her probation more structure?

A) Day fines to maintain employment
B) Sentencing circles such as Narcotics Anonymous
C) Day reporting center to report for supervision and treatment
D) House arrest to receive treatment