Deck 5: Pretrial Release and Diversion: Suspending Progression Through the Formal Justice Process

Question 1

Under the terms of his diversion agreement, radio commentator Rush Limbaugh______.

A) completed an 18 month substance abuse treatment program.
B) made a $30,000 payment to the State of Florida to defray the public cost of the investigation.
C) participated in drug testing.
D) All of the Above.

Answer 1

All of the Above.

Question 2

The history of structured pretrial release and diversion began in the 1960s in what came to be called the______.

A) Automatic Bonding Schedule
B) Bail Reform Movement
C) Carter Prerelease Act
D) Donaldson Act

Answer 2

Bail Reform Movement

Question 3

______ is an offender management model that was implemented in the 1970s to treat drug-using offenders as part of an overall strategy to control drug use and associated criminal behaviors.

A) Treatment Alternatives to Street Crime (TASC)
B) Bond Alternative Diversion (BAD)
C) Jail Alternative Bonding (JAB)
D) None of the Above.

Answer 3

Treatment Alternatives to Street Crime (TASC)

Question 4

Each year approximately______million arrests occur in the United States.

A) 7
B) 10
C) 14
D) 20

Question 5

With the advent of crime control initiatives such as the "war on drugs," the number of persons prosecuted for drug, weapon, and immigration offenses______.

A) remained the same
B) slightly decreased
C) substantially increased
D) substantially decreased

Question 6

______ means that the court releases a defendant on a signed agreement that he or she will appear in court.

A) Cash bond
B) Treatment in lieu of prosecution
C) Released on recognizance (ROR)
D) Surety Bond

Question 7

The legal basis for which defendants enjoy protections during the pretrial stage can be found in the______.

A) Constitution of the United States
B) case law
C) state and federal statutes
D) All of the Above

Question 8

In 1963, the Sixth Amendment right to counsel was extended to the states by the U.S. Supreme Court in______.

A) Coffin v. United States
B) Gideon v. Wainwright
C) Miranda v. Arizona
D) Griffin v. Illinois

Question 9

The 1980 California Supreme Court case of______shifted the burden of proof away from defendants, who previously had been forced to demonstrate why they should be released from jail, to prosecutors, who had to show why defendants should not be released from jail.

A) Griffin v. Illinois
B) Vignera v. New York
C) ^{Van Atta v. Scott}
D) California v. Stewart

Question 10

______ is a device secured to the defendant's ankle to test the alcohol concentration through the skin from a remote location.

A) Medimpex
B) NIDA-5
C) Meditest Alcohol Systems
D) Transdermal Alcohol Monitoring

Question 11

The history of structured pretrial release and diversion began in the 1960s in what came to be called the Bail Reform Movement.

Question 12

The first pretrial diversion program in the U.S. was the Citizen's Probation Authority program, established in 1965 in Flint, Michigan

Question 13

TASC (Treatment Alternatives to Street Crime) programs provide assessment, referral, case management and monitoring services for drug and alcohol dependent offenders accused or convicted of nonviolent crimes.

Question 14

Drug Court is a special court given the responsibility of select felony and misdemeanor cases involving nonviolent drug-using offenders.

Question 15

The most comprehensive drug courts cost an average of $25,000 annually for each offender.

Question 16

The Federal Pretrial Services Act of 1982 expanded pretrial services to all 94 judicial districts and marked a significant milestone for what is now the U.S. Probation and Pretrial Services System

Question 17

U.S. Pretrial Services Officers are considered federal law enforcement officers.

Question 18

Kimberly Rieger, Supervising U.S. Probation and Pretrial Services Officer for the Western District of Oklahoma, advises that students interested in U.S. Probation & Pretrial Services should complete an internship at a criminal justice agency while in college.

Question 19

With the advent of 1980s crime control initiatives such as the "war on drugs,"

Question 20

Pretrial release and diversion programs in the 21^st Century are touted as a cost effective alternative to

Question 21

Outcome evaluations are scientifically and professionally necessary to promote and provide evidence- based practice in the discipline of pretrial services.

Question 22

Evidence-based practices are considered effective for the post-conviction (community corrections) discipline when they reduce offender risk and subsequent recidivism.

Question 23

Reinforcing the link between EBP, quality assurance, and data driven decision making should be a goal for all agencies that provide pretrial release services.

Question 24

Each year approximately 7 million arrests occur in the United States.

Question 25

Most arrested persons are booked into a county jail and held until they appear before a judge.

Question 26

Pretrial release and diversion programs help to maximize the release rate of persons accused of crimes while minimizing the failure to appear and re-arrest rates of those released.

Question 27

Pretrial release is defined as a non-monetary alternative to detention for defendants who are unable to post bail.

Question 28

The two types of pretrial release are released on recognizance (ROR) and conditional-un/supervised release.

Question 29

Diversion programs give first-time offenders a second chance at having a clean criminal history by deferring the defendant from prosecution.

Question 30

The two basic categories of pretrial diversion include treatment in lieu of prosecution and alternative sanction before judgment.

Question 31

With Released on Recognizance (ROR) the court releases a defendant on a signed agreement that he or she will appear in court.

Question 32

The American Bar Association (ABA) defines the goals of the pretrial release decision as "Providing due process to those accused of crime, maintaining the integrity of the judicial process by securing defendants for trial, and protecting victims, witnesses and the community from threat, danger or interference."

Question 33

In a 1980s study of discrimination practices in the criminal courts, researchers found that defendants with families are more likely to be granted pretrial release and less likely to receive the harsher types of non- jail sentences than those who do not have families.

Question 34

Defendants who are gainfully employed in the community may be less at risk to re-offend than defendants who are not employed, as unemployment is a major contributor to crime causation.

Question 35

In a study of judicial discretion practices in Chicago, researchers found that unemployed offenders faced longer sentences than employed offenders.

Question 36

In the area of pretrial release/detention decision-making, defendants should have the same opportunity for consideration for release without regard to race, sex, economic status, or other extra-legal case factors.

Question 37

Numerical "risk" scores in a pretrial investigation report attempt to predict future behavior of pretrial
defendants.

Question 38

Some pretrial programs have developed special risk assessment procedures for defendants charged with certain types of crimes such as domestic violence.

Question 39

Risk instruments to assess juvenile defendants may place greater emphasis on factors relating to family, school, and mental and physical development.

Question 40

The supervision of pretrial defendants may include contact supervision or referral to community services, but not both.

Question 41

Most pretrial programs use drug and alcohol testing as a supervision tool.

Question 42

Breathalyzers, devices for estimating blood alcohol content from a defendant's breath, are commonplace in pretrial service programs.

Question 43

Research of the New York City Criminal Justice Agency (CJA) pretrial re-arrest among defendants showed that approximately 60% of those initially arrested on a drug charge were re-arrested for the same type of offense.

Question 44

Studies have shown that defendants with strong community ties (i.e., regular contact with family, residency in the community for a length of time, stable employment) have better outcomes on pretrial release than defendants with weaker ties.

Question 45

In pretrial diversion, defendants voluntarily enter into a diversion program in lieu of prosecution.

Question 46

Screening for diversion involves assessing the individual risk factors and corresponding needs of the defendant rather than developing an intervention plan based only on the alleged crime.

Question 47

Recent research on criminal justice EBPs has found that intervention programs directed at reducing recidivism are most successful when they address specific needs and match the level of intensity to the level of risk.

Question 48

The purpose of bail is to guarantee the appearance of criminal defendants at their court hearings and trial.

Question 49

Large cash and property valued bail is believed to provide the incentive to prevent defendants from absconding.

Question 50

There are constitutional guarantees that bail should not be excessive and that the type of bail set for a defendant's pretrial release should be based in large part on the severity of the crime.

Question 51

Approximately 75 percent of all persons arrested for felony offenses who are released from detention fail to appear at trial.

Question 52

Pretrial release defendants are more successful in avoiding re-arrest for new crimes or technical violations, when compared to offenders released from prison.

Question 53

______ are devices for estimating blood alcohol content from a defendant's breath.

Question 54

______ is a special condition the court imposes that requires an individual to work, for a civic or nonprofit organization, without being compensated.

Question 55

______ are grant programs designed to support criminal justice reform and synthesize knowledge that emerges from these funded activities.

Question 56

______ is a special court given the responsibility of select felony and misdemeanor cases involving nonviolent drug-using offenders.

Question 57

______ is a court issued bench warrant for a defendant's arrest because he or she has missed a scheduled court appearance.

Question 58

______ is a type of bail in which the defendant signs an agreement that he or she will appear in court as required.