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

Question 1

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

Answer 1

A

Question 2

What is the least punitive alternative on the punishment ladder?

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

Answer 2

B

Question 3

What is the most punitive alternative on the punishment ladder?

A)Residential community center
B)Pretrial release
C)Restitution
D)House arrest

Answer 3

A

Question 4

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

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

Question 5

The most common practice is to do what with the prison sentence when awarding probation?

A)Defer it until possible revocation proceedings
B)To set no prison sentence
C)To hold it in abeyance
D)To formulate it and then suspend

Question 6

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)The wergild

Question 7

The ____ is conducted primarily to gain information for judicial sentences.

A)intake
B)pre-sentence investigation
C)diagnosis
D)adjudication

Question 8

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

A)20
B)40
C)60
D)80

Question 9

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

Question 10

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 11

____ 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)Pre-sentence investigation
C)Diagnosis
D)Adjudication

Question 12

In ____, the Court unanimously held that a probationer was constitutionally entitled to counsel in a revocation-of-probation proceeding where the imposition of sentence had been suspended.

A)Mempa v. Rhay
B)Minnesota v. Murphy
C)Griffin v. Wisconsin
D)United Sates v. Knights

Question 13

What modern concept is attributed to the 19ᵗʰ century volunteer work of John Augustus?

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

Question 14

In ____, the Court ruled that the probation officer/client relationship is not confidential.

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

Question 15

There are approximately ____ million people currently on probation in the United States.

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

Question 16

For violent offenses, the typical probation sentence is about ____ months.

A)20
B)40
C)60
D)80

Question 17

Which duty involves evaluating the probationer based on information from the initial intake or presentence investigation?

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

Question 18

What happens when probation is revoked?

A)The probation contract is terminated and the original sentence is imposed
B)The judgment is deferred until such time as the defendant is rehabilitated
C)The suspended sentence is held in abeyance and 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 19

Many scholars argue that probation will continue to be the sentence of choice in both felony and misdemeanor cases because it:

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

Question 20

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 21

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

A)shock probation.
B)intensive probation supervision.
C)split sentencing.
D)residential community corrections.

Question 22

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

Question 23

Which of the following is the primary goal of Intensive Probation Services (IPS)?

A)Decarceration
B)Rehabilitation
C)Retribution
D)Incapacitation

Question 24

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)Day fines

Question 25

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

Question 26

Programs such as house arrest and restitution are examples of community parole.

Question 27

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 28

Community service is an example of what?

A)Forfeiture
B)Shock incarceration
C)Restitution
D)Intensive probation supervision

Question 29

There are roughly 4 million adults under federal, state, or local probation.

Question 30

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

A)restore the community to the degree possible.
B)assist the victim(s).
C)shame the offender.
D)treat all offenders equally.

Question 31

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 32

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

A)Shock probation
B)Intensive probation supervision
C)Split sentencing
D)Residential community corrections

Question 33

Restitution ranks lower than probation on the punishment ladder.

Question 34

Intensive probation supervision has been proven effective at reducing re-offending rates.

Question 35

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

A)restitution.
B)reintegrative shaming.
C)intensive supervision.
D)residential community corrections.

Question 36

Courts have supported the imposition of conditions on probation as long as they are reasonable.

Question 37

Which of the following is a considered to be a federal forfeiture program?

A)DRC programs
B)The RICO Act
C)The Organized Crime and Antidrug Act
D)RCC centers

Question 38

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 39

The philosophy of probation is that the average offender is not actually a dangerous criminal or a menace to society.

Question 40

Restorative justice seeks to include all parties- the offender, victim, and community- in the justice process.

Question 41

Discuss structure and the effectiveness of residential community corrections programs.

Question 42

Describe the several ways in which intensive probation supervision is used and its effectiveness.

Question 43

____________________ 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 44

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

Question 45

____________________ means that the probation contract is terminated and the original sentence is enforced.

Question 46

Describe the strengths and weaknesses of shock probation and split sentencing.

Question 47

An important task of a probation officer is the investigation and evaluation of defendants in what is known as a(n) ____________________.

Question 48

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 49

A number of important legal issues surround probation. Using pertinent cases to illustrate, discuss the civil rights of probationers.

Question 50

Outline the main premises of restorative justice. Discuss the challenges of this model and how these challenges may be overcome.

Question 51

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

Question 52

Discuss the major functions that probation officers perform.

Question 53

John Braithwaite's model of restorative justice relies on the concept of ____________________ to gain compliance and reintegrate the offender into the community.

Question 54

Discuss the factors that contribute to a person's failure on probation.

Question 55

Compare and contrast three intermediate sanctions in terms of their structure and effectiveness.

Question 56

____________________ is often used along with house arrest to ensure obedience to home confinement orders.

Question 57

What is risk classification and is it an effective tool in the fight against repeat offending?

Question 58

____________________ 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 59

____________________ is when the offender must pay the victim or community back for damages.

Question 60

How has the historical development of probation affected its modern operation? How would you answer someone who says that intensive probation is merely a return to probation as it was originally envisioned by John Augustus?