Deck 4: Pretrial Supervision, Sentencing, and the Presentence Investigation Report
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Deck 4: Pretrial Supervision, Sentencing, and the Presentence Investigation Report
1
Special conditions are stipulations tailored to fit the problems and needs of the offender, and generally are related to the offense of conviction.
True
2
Information that a probation officer is not able to verify should be noted as "unconfirmed" or "unverified."
True
3
Pretrial supervision can be ordered as a condition of bond or bail.
True
4
Disclosure is an opportunity for a defendant to read and refute information that has been compiled in the probation officer's official PSI report.
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5
The PSI is a document prepared by a parole officer in order to determine whether the person should be granted parole.
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6
With presumptive sentencing grids, judges are obligated to use guidelines from which they may not deviate without providing written reasons as to why they have chosen to do so.
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7
Working and attending school regularly, submitting to drug testing, and refraining from using drugs and alcohol can all be considered standard community corrections conditions.
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8
Hearsay information may be permitted in a PSI report, if the judge is willing to waive the verification necessity.
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9
Important extralegal factors when making sentencing decisions are social support systems, mental health issues, and substance abuse.
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10
Delegated release authority allows pretrial services officers to make decisions to release a defendant before his or her first appearance in front of a judge.
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11
Pretrial detention rates have been steadily decreasing in the federal system.
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12
A defendant's ties to the community are not useful in predicting his or her risk or likelihood of appearing in court.
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13
A post-sentence report may be written after a defendant has pleaded guilty and waived a presentence report.
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14
A judge's decision to allow a defendant to serve a community corrections sentence depends on the offender's eligibility, by law, for a community corrections sentence.
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15
The first task for a probation officer when preparing a PSI report is to interview the offender.
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16
Successfully completing diversion will result in no official criminal record for the accused.
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17
Forcing an offender to publicly proclaim guilt for his or her crime is known as scarlet letter conditions.
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18
A situation in which a defendant does not attend a scheduled court hearing is referred to as an ROR.
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19
Pretrial services officers can release the defendant before the initial court appearance in front of the judge because of their delegated release authority.
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20
When compiling a PSI, the probation officer may choose to interview a number of different people, including the offender's family and friends, employer, school officials, and others, all of which are known as collateral contacts.
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21
The primary reason for the adoption of sentencing guidelines was to
A) give judges more discretion.
B) control judicial discretion.
C) make sentences more lenient.
D) give prosecutors more discretion.
A) give judges more discretion.
B) control judicial discretion.
C) make sentences more lenient.
D) give prosecutors more discretion.
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22
Pretrial release programs supervise individuals who have been
A) accused of a crime.
B) not yet convicted.
C) arrested for varying crimes.
D) all of these.
A) accused of a crime.
B) not yet convicted.
C) arrested for varying crimes.
D) all of these.
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23
Diversion attempts to keep offenders from the negative effects of _______, while at the same time providing rehabilitation programs in the community that address challenges the offender may face.
A) embarrassment
B) interrogation
C) incarceration
D) social shunning
A) embarrassment
B) interrogation
C) incarceration
D) social shunning
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24
The part of the PSI that presents the offender's probability of risk to the community, the amount of harm the offender caused, the defendant's ability to pay monetary costs, and the defendant's need for treatment is the
A) prior record.
B) social history.
C) offense summary.
D) evaluative summary.
A) prior record.
B) social history.
C) offense summary.
D) evaluative summary.
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25
Judges engage in _____, which means that each individual case is considered in terms of its subjectivities, harms, wrongs, and contexts, and then measured against concepts such as oppression, freedom, dignity, and equality.
A) reflective justice
B) punitive justice
C) contemplative justice
D) social justice
A) reflective justice
B) punitive justice
C) contemplative justice
D) social justice
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26
_______ is a defendant's supervised release from jail into the community for the purpose of securing the defendant's next court appearance as an alternative to pretrial detention.
A) Pretrial release
B) Diversion
C) Intensive supervision probation
D) Regular probation
A) Pretrial release
B) Diversion
C) Intensive supervision probation
D) Regular probation
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27
Which of the following characteristics best describe pretrial release failures?
A) Young offenders
B) High school dropouts
C) Substance abusers
D) All of these choices
A) Young offenders
B) High school dropouts
C) Substance abusers
D) All of these choices
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28
Which of the following is often required for defendants on pretrial supervision?
A) Registering with the local sheriff's office as a convicted felon
B) Not leaving their residence without the permission of their supervising officer
C) Calling in weekly until their scheduled court date
D) Submitting daily reports about their current address and employment
A) Registering with the local sheriff's office as a convicted felon
B) Not leaving their residence without the permission of their supervising officer
C) Calling in weekly until their scheduled court date
D) Submitting daily reports about their current address and employment
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29
The form of community supervision that attempts to invoke shame in the offender is called a ________ condition.
A) public shaming
B) scarlet letter
C) shame sanction
D) laughingstock
A) public shaming
B) scarlet letter
C) shame sanction
D) laughingstock
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30
_____ monitor how sentencing guidelines and judicial departures are used and make sentencing recommendations to a legislature.
A) Sentencing commissions
B) U.S. Assistant Attorney Generals
C) Specially appointed Judges
D) Court services officers
A) Sentencing commissions
B) U.S. Assistant Attorney Generals
C) Specially appointed Judges
D) Court services officers
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31
In what year did the Manhattan Bail Project begin?
A) 1920
B) 1940
C) 1960
D) 1980
A) 1920
B) 1940
C) 1960
D) 1980
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32
The first task in conducting a presentence investigation is to meet with the offender and complete an investigatory worksheet. This meeting between the offender and the probation officer is referred to as the
A) disposition meeting.
B) initial interview.
C) intake interview.
D) classification meeting.
A) disposition meeting.
B) initial interview.
C) intake interview.
D) classification meeting.
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33
The post-conviction stage in which the defendant is brought before the court for formal judgment pronounced by a judge is known as ______________.
A) initial appearance
B) arraignment
C) sentencing
D) indictment
A) initial appearance
B) arraignment
C) sentencing
D) indictment
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34
___________________ is an agency that assists the court in deciding whom to release and whom to detain based on validated assessment instruments and a pretrial interview of the defendant.
A) Diversion services
B) Probation office
C) Pretrial services
D) Community action office
A) Diversion services
B) Probation office
C) Pretrial services
D) Community action office
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35
Following arrest, one of the first decisions made is that regarding
A) restitution.
B) probation eligibility.
C) pretrial release.
D) sentencing.
A) restitution.
B) probation eligibility.
C) pretrial release.
D) sentencing.
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36
_____ allows pretrial services officers to release defendants before the initial court appearance.
A) Immunity
B) Sovereignty
C) Delegated release authority
D) Judicial reprieve power
A) Immunity
B) Sovereignty
C) Delegated release authority
D) Judicial reprieve power
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37
A(n) _____ is a person responsible for the debt of a defendant if he or she fails to appear at the next court appearance.
A) surety
B) trustee
C) amercement
D) claimant
A) surety
B) trustee
C) amercement
D) claimant
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38
Which of the following forms of pretrial release calls for the defendant to pay no money to the court but is liable for the full bail amount if he or she fails to appear?
A) Surety bond
B) Unsecured bond
C) Release on recognizance
D) Cash/property collateral
A) Surety bond
B) Unsecured bond
C) Release on recognizance
D) Cash/property collateral
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39
The presentence investigation is always carried out by the probation officer
A) prior to the official grand jury hearing.
B) prior to the sentencing phase, post-conviction.
C) immediately following the suspects arraignment as possible.
D) immediately after the suspect's initial appearance.
A) prior to the official grand jury hearing.
B) prior to the sentencing phase, post-conviction.
C) immediately following the suspects arraignment as possible.
D) immediately after the suspect's initial appearance.
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40
A written account by the victim(s) as to how the crime has taken a toll physically, emotionally, financially, or psychologically on the victim and the victim's family is known as a __________.
A) victim impact statement
B) collateral damage report
C) PSI
D) scarlet letter condition
A) victim impact statement
B) collateral damage report
C) PSI
D) scarlet letter condition
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41
Who uses the PSI report in carrying out their tasks?
A) Judges
B) Defense attorneys
C) Prosecution attorneys
D) All of these are correct
A) Judges
B) Defense attorneys
C) Prosecution attorneys
D) All of these are correct
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42
Conditions that are imposed on all individuals under community supervision in a given jurisdiction, regardless of the nature of the offense committed, are referred to as _________________ conditions.
A) special
B) standard
C) treatment
D) penal
A) special
B) standard
C) treatment
D) penal
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43
Conditions that are additional stipulations tailored to fit the problems and needs of the individual offender and ordered by the court are referred to as _____________ conditions.
A) special
B) standard
C) treatment
D) penal
A) special
B) standard
C) treatment
D) penal
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44
_____ is a form of justice whereby each defendant's case is considered by a judge, parole board, or decision-making authority according to its harms, subjectivities, wrongs, and contexts.
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45
Alternative programming to traditional criminal justice sentencing that provides first-time offenders with a chance to have their charges dismissed if they successfully complete a treatment program is known as _____.
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46
_____ refers to an opportunity for a defendant and/or his or her attorney to review a draft of the presentence report.
A) Amercement
B) Hearsay
C) Surety
D) Disclosure
A) Amercement
B) Hearsay
C) Surety
D) Disclosure
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47
Occasionally, a court will order a report to be written when a court has proceeded directly to the sentencing phase without benefit of a PSI, usually after the court has accepted a plea bargain. This report is referred to as a
A) predisposition report.
B) post-sentence report.
C) social history summary.
D) residence and employment plan.
A) predisposition report.
B) post-sentence report.
C) social history summary.
D) residence and employment plan.
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48
If a defendant with an ROR fails to attend the next hearing, there is no bond amount to pay, but a(n) ___________ is still issued for the defendant.
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49
The type of presentence investigation report that focuses on the treatment needs of the offender in an effort to understand the causes of an offender's antisocial behavior and to evaluate his or her potential for change is a(n) ____________________ report.
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50
A(n) _____ is an individual who agrees to become responsible for the debt of a defendant if he or she fails to appear at his or her next court appearance.
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51
A situation in which a defendant does not attend a scheduled court hearing is called a(n) __________.
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52
The major source of information used by the courts in determining whether or not to grant probation or impose some other sentence has been and remains the
A) presentence investigation report.
B) post-sentence investigation report.
C) classification summary and analysis.
D) preparole investigation.
A) presentence investigation report.
B) post-sentence investigation report.
C) classification summary and analysis.
D) preparole investigation.
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53
The first pretrial release program in the United States was the ____________________, which was initiated in 1960 to assist judges in identifying defendants who could be released on their own recognizance (ROR) before their next scheduled court date.
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54
In both the state and federal systems, pretrial services recommend the _________________ available to the court, taking into consideration the safety of the community and the defendant's likelihood of reappearance in court.
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55
Which of the following is a special condition of community sanctions?
A) Answer truthfully questions by a probation officer
B) Answer truthfully questions by a court
C) Provide the probation officer with financial information on request
D) Obtain a GED.
A) Answer truthfully questions by a probation officer
B) Answer truthfully questions by a court
C) Provide the probation officer with financial information on request
D) Obtain a GED.
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56
Reports that focus primarily on the crime, the offender's culpability, and the offender's prior criminal history are
A) offense-based reports.
B) offender-based reports.
C) post-sentence investigations.
D) treatment evaluation reports.
A) offense-based reports.
B) offender-based reports.
C) post-sentence investigations.
D) treatment evaluation reports.
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57
A(n) _____________ allows defendants to remain at liberty in the community until their next court date without paying the court a deposit..
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58
The contents of the presentence investigation and report vary according to
A) if drugs or alcohol played a role in the offense.
B) the socioeconomic status, race, and gender of the offender.
C) whether it is an offender-based or offense-based PSI.
D) whether the crime is an act of violence or not.
A) if drugs or alcohol played a role in the offense.
B) the socioeconomic status, race, and gender of the offender.
C) whether it is an offender-based or offense-based PSI.
D) whether the crime is an act of violence or not.
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59
Courts have held that a defendant does not have a(n) _______ Amendment right to have an attorney present during the initial probation interview.
A) Eighth
B) Fourteenth
C) Sixth
D) First
A) Eighth
B) Fourteenth
C) Sixth
D) First
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60
_____ is a defendant's release from jail while awaiting his or her next court appearance.
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61
PSI reports often contain information that is inadmissible in court. Imagine you are preparing one for a judge on a statutory rape trial. The defendant was 18 and the victim was 16. Who would you interview? What type of information would you collect? Do you think the benefits of your report outweigh the threats to judicial impartiality? Why or why not?
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62
What is a PSI? What are its primary goals?
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63
You are the newly elected governor of North Carolina and want to reform the structured sentencing grid in your state to reflect evolving notions of the severity of certain types of crime. In order to do so, you need to demonstrate a working knowledge of what crimes are considered most severe. Write a letter to your constituents outlining your plan and describing your changes to it.
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64
Although guidelines vary greatly from jurisdiction to jurisdiction, they generally establish a sentence based on the offender's prior criminal history and the _________.
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65
You are the head of a local parents' organization and are in conversations with a judge who wants to impose scarlet letter conditions to punish kids who are caught joining gangs. The judge wants you to outline which of these conditions will be most effective, or whether you think scarlet letter conditions will be helpful in your community. Be sure to use facts to shore up your statement to the judge.
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66
How might sentencing guidelines affect the sentencing decision of a judge?
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67
Describe the reasoning behind and application of structured sentencing.
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68
Refraining from use of all controlled substances except those prescribed from a licensed medical practitioner is an example of a(n) ________ condition of probation.
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69
Describe the history of pretrial release. Use examples from your text.
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70
You are a judge who has just received a PSI on a murder case. What parts of the PSI will determine your sentence? Why? Are there factors that are included on the PSI that you will pay no attention to? What are they, and why? Are there parts of the PSI that you will pay some attention to but not weigh as much as others? What are they, and why?
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71
What are "special conditions" of probation? How are they applied? Use examples from the text in your essay.
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72
The PSI is used to assist the court in determining sentences and assists correctional institutions in the __________ of inmates, institutional planning, and release planning.
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73
How does society's perceptions of the severity of a particular class of crime affect sentencing decisions?
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74
You are running for congress on a civil liberties platform, and you want to reform the sentencing guidelines in your state. You have to make a major speech about sentencing before a group of law enforcement officials, some of whom are suspicious of your political leanings. In your speech, discuss what type of sentencing guidelines (structured or unstructured) you think are most likely to both ensure law and order are maintained and grant equal protections under the law.
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