Deck 4: Pretrial Supervision Sentencing and Presentence Investigation Report

Question 1

Pretrial release allows defendants who have been convicted to live and work in the community. ​

Answer 1

False

Question 2

Pretrial supervision can be ordered as a condition of bond or bail. ​

Answer 2

True

Question 3

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. ​

Answer 3

True

Question 4

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. ​

Question 5

Disclosure is an opportunity for a defendant to read and refute information that has been compiled in the probation officer's official PSI report. ​

Question 6

Special conditions are stipulations tailored to fit the problems and needs of the offender, and generally are related to the offense of conviction. ​

Question 7

Important extralegal factors when making sentencing decisions are social support systems, mental health issues, and substance abuse. ​

Question 8

Working and attending school regularly, submitting to drug testing, and refraining from using drugs and alcohol can all be considered standard community corrections conditions. ​

Question 9

The first task for a probation officer when preparing a PSI report is to interview the offender. ​

Question 10

Successfully completing diversion will result in no official criminal record for the accused. ​

Question 11

The PSI is a document prepared by a parole officer in order to determine whether the person should be granted parole. ​

Question 12

A situation in which a defendant does not attend a scheduled court hearing is referred to as failure to appear. ​

Question 13

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. ​

Question 14

Pretrial detention rates have been steadily decreasing in the federal system. ​

Question 15

A post-sentence report may be written after a defendant has pleaded guilty and waived a presentence report. ​

Question 16

Hearsay information may be permitted in a PSI report, if the judge is willing to waive the verification necessity. ​

Question 17

Information that a probation officer is not able to verify should be noted as "unconfirmed" or "unverified." ​

Question 18

Forcing an offender to publicly proclaim guilt for his or her crime is known as scarlet letter conditions. ​

Question 19

A defendant's ties to the community are not useful in predicting his or her risk or likelihood of appearing in court.

Question 20

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. ​

Question 21

Which of the following is NOT one of the main purposes for the presentence investigative reports produced by probation officers? ​

A) Used by the court in determining an appropriate sentence
B) Used by jail and prison institutions for purposes of classification and treatment
C) Used by probation and parole officers to assist in supervision of the offender
D) Used by the court to determine potential parole hearings

Question 22

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

Question 23

A community corrections sentence is ___________ and not a guaranteed right. ​

A) a privilege
B) discretionary
C) a sanction only available to first-time offenders
D) determined by the prosecutor

Question 24

_______ 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

Question 25

The first pretrial release program was the _____, which began in 1960. ​

A) Manhattan Bail Project ​
B) Florida Community Control Program
C) Volunteers in Probation Project
D) Boys' Town Initiative

Question 26

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

Question 27

Which if 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/she fails to appear? ​

A) Surety bond ​
B) Unsecured bond
C) Release on recognizance
D) Cash/property collateral

Question 28

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.

Question 29

Following arrest, one of the first decisions made is that regarding

A) restitution.
B) probation eligibility.
C) pretrial release.
D) sentencing.

Question 30

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

Question 31

_____ 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

Question 32

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.

Question 33

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

Question 34

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

Question 35

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.

Question 36

___________________ 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

Question 37

_____ allows pretrial services officers to release defendants before the initial court appearance. ​

A) Immunity
B) Sovereignty
C) Delegated release authority
D) Judicial reprieve power

Question 38

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.

Question 39

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

Question 40

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.

Question 41

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.

Question 42

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

Question 43

Which of the following is not one of the standard conditions of community sanctions? ​

A) Obeying all laws
B) Working or attending school regularly
C) Submitting to drug testing
D) All of these choices

Question 44

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

Question 45

_____ 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.

Question 46

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.

Question 47

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

Question 48

_____ is a defendant's release from jail while awaiting his or her next court appearance.

Question 49

Clark and Henry (2003) found that the number of jurisdictions nationwide that issue warrants and conduct other forms of follow-up for failure to appear has actually ___________ in recent years.

Question 50

In both the state and federal systems, pretrial services recommends the _________________ available to the court, taking into consideration the safety of the community and the defendant's likelihood of reappearance in court.

Question 51

Pretrial services officers are able to release defendants before their initial appearance before a judge through what is known as _______________.

Question 52

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.

Question 53

Renewed interest in victim rights and restoring the harm caused by the offender resulted in including a new component in PSIs referred to as ______________. ​

A) victim impact statements
B) restitution plans
C) treatment and evaluation assessments
D) residence and employment plans

Question 54

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.

Question 55

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.

Question 56

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) pre-parole investigation.

Question 57

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.

Question 58

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 _____.

Question 59

_____ 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

Question 60

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.

Question 61

Although guidelines vary greatly from jurisdiction to jurisdiction, they generally establish a sentence based on the offender's prior criminal history and the _________. ​

Question 62

Please explain how sentencing guidelines might affect the sentencing decision of a judge?

Question 63

Is it more important that sentences be consistent for all offenders of a similar class of crimes or that sentences be individualized for the characteristics and needs of each offender?

Question 64

Please define and explain what is meant by "specific conditions" of probation. Be sure to address both the pros and cons of their usage.

Question 65

According to your authors, which types of individuals appear to be best suited for pretrial release? Be sure to fully explain your answer.

Question 66

The PSI is used to assist the court in determining sentences and assists correctional institutions in the __________ of inmates, institutional planning, and release planning.

Question 67

What are the limitations on the power of courts to impose community supervision conditions? Why are these limitations important?

Question 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.

Question 69

Define presentence investigation report. What are the primary goals of these reports?