Deck 4: Community-Based Alternatives

Question 1

Diverting a case out of the criminal justice system before adjudication is known as:

A) Net-widening
B) Intensive supervision probation
C) Pretrial intervention
D) Shock probation
E) Parole

Answer 1

Pretrial intervention

Question 2

Pretrial intervention is commonly referred to as:

A) Diversion
B) Net-widening
C) Nolo contendere
D) Shock probation
E) Parole

Answer 2

Diversion

Question 3

Clients of pretrial diversion have:

A) Entered a plea of guilty to a lesser charge
B) Been convicted in a court of law
C) Been acquitted (found innocent) in a court of law
D) Neither plea-bargained nor been convicted
E) Been diverted out of a correctional institution through probation

Answer 3

Neither plea-bargained nor been convicted

Question 4

Clients of diversion cannot technically be considered "offenders" because:

A) They have not been convicted in a court of law
B) Mitigating circumstances were involved in the offenses they committed
C) Their cases were successfully appealed
D) They are serving their sentence under supervision in the community
E) They successfully plea-bargained their cases

Question 5

An example of alternate dispute resolution is:

A) Victim compensation
B) Shock probation
C) Pretrial detention
D) Electronic monitoring
E) Indeterminate sentencing

Question 6

Reduce the stigma of labeling.

Question 7

Have clearly been demonstrated to be more effective than other alternatives, based on widespread research showing lower recidivism rates.

Question 8

Have been criticized as being too lenient, even though some forms of diversion impose harsher consequences than would probably result from conviction.

Question 9

Are less costly than incarceration.

Question 10

Increase court caseloads.

Question 11

Can be subject to abuse by coercing innocent defendants into treatment.

Question 12

Are vulnerable to the potential for net-widening.

Question 13

County police officers have traditionally been reluctant to make arrests for cases involving possession of a small amount of drugs, knowing that offenders would not get the help they need in a correctional facility. Recently, the county established an alternative that enables defendants to avoid prosecution upon completion of a drug treatment program. However, the only way to enter the program is through referral by the prosecutor's office. The police now make far more arrests for small amounts of drugs in order to get offenders into treatment. This is an example of:

A) Plea bargaining
B) Pretrial diversion
C) Net-widening
D) Judicial discretion
E) A and B

Question 14

Net-widening occurs when:

A) Discretion is reduced by diversion options
B) More clients are brought into the system than there would be without a diversion program
C) Convicted offenders are sentenced to prison or jail
D) Criminal justice officials are more reluctant to intervene in a case because appropriate options are not available
E) The court does not uphold the plea bargaining conditions agreed to by the prosecutor and defense

Question 15

Electronic monitoring can be used:

A) In conjunction with pretrial release from jail
B) As a form of sentencing
C) As a condition of probation or parole
D) A and C
E) All of the above

Question 16

In comparison to incarceration, electronically monitored home confinement:

A) Is less expensive
B) Enables the offender to remain employed
C) Provides greater control over the offender
D) A and B
E) All of the above

Question 17

An electronically monitored home confinement program is established for nonviolent, low-risk offenders, who would otherwise have been likely to receive standard probation. This is an example of:

A) Using intermediate options to reduce prison crowding
B) Achieving greater cost-effectiveness
C) Sentencing guidelines
D) Net-widening
E) A and B

Question 18

Probation is a:

A) Method of formal diversion
B) Method of informal diversion
C) Sanction used for unconvicted offenders
D) Sentence imposed by the court following conviction
E) Form of early release from prison or jail

Question 19

In comparison to other dispositions, probation is used:

A) More frequently
B) With about the same frequency
C) Less frequently
D) Hardly ever

Question 20

In order to provide an incentive to successfully complete probation, it is often combined with a:

A) Restraining order from the court
B) Suspended jail or prison sentence
C) Guarantee of parole
D) Diversion option
E) Promise of pretrial release

Question 21

Probation originated with the efforts of:

A) The American Correctional Association
B) John Augustus
C) Zebulon Brockway
D) Walter Crofton
E) Alexander Maconochie

Question 22

Identify whether the following are general or specific conditions of probation.

-Remain within the geographic jurisdiction of the court.

A) General
B) Specific

Question 23

Identify whether the following are general or specific conditions of probation.

-Refrain from association with known criminals.

A) General
B) Specific

Question 24

Identify whether the following are general or specific conditions of probation.

-Make monthly payments to compensate the victim.

A) General
B) Specific

Question 25

Identify whether the following are general or specific conditions of probation.

-Attend Alcoholics Anonymous sessions.

A) General
B) Specific

Question 26

Identify whether the following are general or specific conditions of probation.

-Report once each month to your probation officer.

A) General
B) Specific

Question 27

Probation is an option for:

A) Only property offenders
B) Only those convicted of misdemeanors
C) Only those convicted of nonviolent offenses
D) Only felons
E) Either felons or misdemeanants

Question 28

A person convicted of _______ could be eligible for probation.

A) Shoplifting
B) Burglary
C) Robbery
D) Assault
E) Any of the above

Question 29

Information in a PSI can be used:

A) To assist the judge in making a sentencing decision
B) To assist the probation officer in supervising the offender
C) To assist a parole officer in deciding whether to revoke the offender's parole
D) A and B
E) All of the above

Question 30

A PSI can include information on the offender's:

A) Family background
B) Education and employment
C) Prior record
D) A and B
E) All of the above

Question 31

A probation officer has spent several months working with a client, who then violates a condition of probation. The officer is torn between overlooking the violation and reporting it, for fear of destroying the effective relationship that has been established through so much time and effort. This is an example of:

A) Brokerage services
B) The casework model
C) Role conflict
D) Cost-effectiveness
E) Due process

Question 32

Role conflict in probation refers to the officer's need to balance:

A) Time and money
B) Rules and relationships
C) Effort and effectiveness
D) Costs and benefits
E) Paperwork and productivity

Question 33

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Focuses on matching the needs of clients with available resources in the community.

A) Brokerage
B) Casework

Question 34

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Is more directed toward reintegration.

A) Brokerage
B) Casework

Question 35

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Uses counseling, therapy, and group work techniques.

A) Brokerage
B) Casework

Question 36

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Attempts to establish a one-on-one relationship with the client.

A) Brokerage
B) Casework

Question 37

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Requires more administrative and organizational skills.

A) Brokerage
B) Casework

Question 38

Mark the following statements as reflecting either the brokerage or casework style of probation services:

-Attempts to rehabilitate the client.

A) Brokerage
B) Casework

Question 39

Studies have indicated that the effectiveness of probation depends upon:

A) No particular factor, since probation is equally effective with most clients
B) Whether the client had other family members who were also on probation
C) How early the client was released from prison on probation
D) Whether the client had prior felony convictions
E) B and C

Question 40

Clients can be officially released from probation supervision through:

A) Discharge
B) Revocation
C) Voluntary withdrawal
D) A or B
E) All of the above

Question 41

A client's probationary status can be officially revoked by:

A) Probation officers
B) Judges
C) Prosecutors
D) A or B
E) Any of the above

Question 42

In the Mempa v. Rhay case, the Supreme Court established that those facing probation revocation are entitled to:

A) An attorney
B) A trial
C) An appeal
D) All of the same rights as a defendant accused of a crime
E) A, B, and C

Question 43

In the Gagnon v. Scarpelli case, the Supreme Court established a two-stage process for those facing the loss of probation status, which includes:

A) An initial appearance and an appeal
B) An initial appearance and a trial
C) A preliminary hearing and a trial
D) A preliminary hearing and a revocation hearing
E) A trial and an appeal

Question 44

The first step in the two-stage process mentioned above is for the purpose of determining whether:

A) The accused should be released from custody
B) The accused committed the alleged violation
C) Probable cause exists to continue with the process
D) The prosecutor must disclose evidence against the defendant
E) Reasonable suspicion can be established that the alleged crime was committed

Question 45

During the second phase of the two-stage process mentioned above, probationers are entitled to:

A) Notice of the allegations
B) Present evidence
C) Introduce witnesses
D) A and B
E) All of the above

Question 46

The courts have tended to overrule conditions of probation that:

A) Have no relationship to the original crime
B) Are not related to future criminal conduct
C) Do not meet with the approval of the prosecutor
D) A and B
E) B and C

Question 47

In determining whether or not the conditions of probation will be overruled, the courts have tended to consider:

A) The relationship of the conditions to the crime
B) How reasonable the conditions are to fulfill
C) Whether the conditions are vague or ambiguous
D) A and B
E) All of the above

Question 48

Case classification in probation is designed to:

A) More effectively allocate resources
B) Determine the appropriate level of supervision for a client
C) Classify caseloads according to the brokerage or casework models of service
D) A and B
E) All of the above

Question 49

Compared to regular probation, intensive supervision probation usually includes:

A) Larger caseloads
B) Home confinement
C) Frequent face-to-face contact with the probation officer
D) B and C
E) All of the above

Question 50

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . go to church regularly.

A) Valid
B) Invalid

Question 51

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . make restitution to the victim.

A) Valid
B) Invalid

Question 52

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . donate blood.

A) Valid
B) Invalid

Question 53

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . avoid having any more children.

A) Valid
B) Invalid

Question 54

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . pay a $10,000 fine for shoplifting two suits.

A) Valid
B) Invalid

Question 55

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court.
Requiring the offender to . . .

-. . . avoid carrying a firearm.

A) Valid
B) Invalid

Question 56

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: avoid carrying a firearm.

A)Valid
B)Invalid

Question 57

Clients can be officially released from probation supervision through:

A)Discharge
B)Revocation
C)Voluntary withdrawal
D)A or B
E)All of the above

Question 58

Studies have indicated that the effectiveness of probation depends upon:

A)No particular factor, since probation is equally effective with most clients
B)Whether the client had other family members who were also on probation
C)How early the client was released from prison on probation
D)Whether the client had prior felony convictions
E)B and C

Question 59

Is the following representative of brokerage or casework style of probation services?: Attempts to rehabilitate the client.

A)Brokerage services
B)Casework

Question 60

Is the following representative of brokerage or casework style of probation services?: Requires more administrative and organizational skills.

A)Brokerage services
B)Casework

Question 61

Is the following representative of brokerage or casework style of probation services?: Attempts to establish a one-on-one relationship with the client.

A)Brokerage services
B)Casework

Question 62

Is the following representative of brokerage or casework style of probation services?: Uses counseling, therapy, and group work techniques.

A)Brokerage services
B)Casework

Question 63

Is the following representative of brokerage or casework style of probation services?: Is more directed toward reintegration.

A)Brokerage services
B)Casework

Question 64

Is the following an example of brokerage or casework style of probation services?: Focuses on matching the needs of clients with available resources in the community.

A)Brokerage services
B)Casework

Question 65

Role conflict in probation refers to the officer's need to balance:

A)Time and money
B)Rules and relationships
C)Effort and effectiveness
D)Costs and benefits
E)Paperwork and productivity

Question 66

A probation officer has spent several months working with a client, who then violates a condition of probation. The officer is torn between overlooking the violation and reporting it, for fear of destroying the effective relationship that has been established through so much time and effort. This is an example of:

A)Brokerage services
B)The casework model
C)Role conflict
D)Cost effectiveness
E)Due process

Question 67

A PSI can include information on the offender's:

A)Family background
B)Education and employment
C)Prior record
D)A and B
E)All of the above

Question 68

A client's probationary status can be officially revoked by:

A)Probation officers
B)Judges
C)Prosecutors
D)A or B
E)Any of the above

Question 69

In the Mempa v. Rhay case, the Supreme Court established that those facing probation revocation are entitled to:

A)An attorney
B)A trial
C)An appeal
D)All of the same rights as a defendant accused of a crime
E)A, B and C

Question 70

In the Gagnon v. Scarpelli case, the Supreme Court established a two-stage process for those facing the loss of probation status, which includes:

A)An initial appearance and an appeal
B)An initial appearance and a trial
C)A preliminary hearing and a trial
D)A preliminary hearing and a revocation hearing
E)A trial and an appeal

Question 71

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: Pay a $10,000 fine for shoplifting two suits.

A)Valid
B)Invalid

Question 72

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: Avoid having any more children.

A)Valid
B)Invalid

Question 73

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: Donate blood.

A)Valid
B)Invalid

Question 74

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: Make restitution to the victim.

A)Valid
B)Invalid

Question 75

Identify the following conditions of probation as generally likely to be found valid or invalid if challenged in court: Go to church regularly.

A)Valid
B)Invalid

Question 76

Compared to regular probation, intensive supervision probation usually includes:

A)Larger caseloads
B)Home confinement
C)Frequent face-to-face contact with the probation officer
D)B and C
E)All of the above

Question 77

Case classification in probation is designed to:

A)More effectively allocate resources
B)Determine the appropriate level of supervision for a client
C)Classify caseloads according to the brokerage or casework models of service
D)A and B
E)All of the above

Question 78

The courts have tended to overrule conditions of probation that:

A)Have no relationship to the original crime
B)Are not related to future criminal conduct
C)A and B
D)B and C

Question 79

During the second phase of the two-stage process mentioned above, probationers are entitled to:

A)Notice of the allegations
B)Present evidence
C)Introduce witnesses
D)A and B
E)All of the above

Question 80

The first step in the two-stage process mentioned above is for the purpose of determining whether:

A)The accused should be released from custody
B)Probable cause exists to continue with the process
C)The prosecutor must disclose evidence against the defendant
D)Reasonable suspicion can be established that the alleged crime was committed