Deck 13: Parole and Probation

Question 1

On what date was parole abolished for federal crimes?

A) September 10, 1986
B) October 21, 1985
C) November 1, 1987
D) December 11, 1989

Answer 1

November 1, 1987

Question 2

All of the following are purposes of parole EXCEPT:

A) Reintegrating into society as soon as possible
B) To keep from increased criminal influence
C) To alleviate costs
D) To produce constructive individuals

Answer 2

To keep from increased criminal influence

Question 3

In __________, the Supreme Court held that there is no protected liberty interest in the possibility of parole before the termination of the sentence.

A) Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex
B) California Department of Corrections v. Morales
C) Morrissey v. Brewer
D) Gagnon v. Scarpelli

Answer 3

Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex

Question 4

What is the standard for Parole Board decision making in rejecting parole?

A) Evolving standard of decency
B) Arbitrary and capricious
C) Non-interference
D) Due Process

Question 5

In __________, the Court held that an amended law that increased the time between parole board hearings does not violate the ex post facto clause.

A) Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex
B) California Department of Corrections v. Morales
C) Morrissey v. Brewer
D) Gagnon v. Scarpelli

Question 6

The privilege theory of parole was repudiated by the Supreme Court in which case?

A) Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex
B) California Department of Corrections v. Morales
C) Morrissey v. Brewer
D) Gagnon v. Scarpelli

Question 7

Which theory of parole is used as a reason for allowing unreviewable revocation of parole?

A) The Privilege Theory
B) The Contract Theory
C) The Continuing Custody Theory
D) The Due Process Theory

Question 8

Which of the following best defines the Continuing Custody Theory?

A) Reason for allowing unreviewable revocation
B) Holds that parole is an act of grace by the state
C) Proper treatment of parolees is important to reduce recidivism
D) Applying the same standards of a prisoner to a parolee are inherently irrational

Question 9

In __________, the Court argued an informal hearing was needed to assure that the findings of a parole violation would be based on verified facts and that the exercise of discretion would be based on accurate knowledge of the parolee's behavior.

A) Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex
B) California Department of Corrections v. Morales
C) Morrissey v. Brewer
D) Gagnon v. Scarpelli

Question 10

Which of the following are some due process requirements for parole revocations as put forth through Morrissey?

A) Written notice of claimed parole violations
B) Evidence must be disclosed to the parolee
C) Parolee has the right to cross-examine witnesses unless a good reason is stated to prevent such a right
D) All of the above

Question 11

Which Supreme Court case addressed the right to counsel at a parole revocation hearing?

A) Morrissey v. Brewer
B) Gagnon v. Scarpelli
C) Pennsylvania Board of Probation and Parole v. Scott
D) Griffin v. Wisconsin

Question 12

Parolees are required to agree in writing that a parole officer or other peace officer with or without a search warrant and with or without cause can conduct a search and seizure of their person was determined in which case?

A) Pennsylvania Board of Probation and Parole v. Scott
B) Griffin v. Wisconsin
C) U.S v. Knights
D) Samson v. California

Question 13

U.S v. Knights established which standard was needed to search a probationer or a probationer's home?

A) Reasonable suspicion
B) Probable cause
C) Beyond a reasonable doubt
D) Substantial evidence

Question 14

At least 16 states have abolished discretionary parole.

Question 15

The probation and parole population is double the amount of adults incarcerated.

Question 16

There is no constitutional right to a commutation of a life sentence.

Question 17

The Supreme Court held in Ohio Adult Parole Authority v. Woodard that giving a prisoner the option of voluntarily participating in an interview as part of the clemency process violated the Fifth Amendment.

Question 18

The Due Process Theory of parole rejects the three other theories noted in the text.

Question 19

In Gagnon v. Scarpelli, the Court distinguished probation from parole.

Question 20

The entire revocation process should ideally be completed within three months.

Question 21

According to Pennsylvania Board of Probation and Parole v. Scott, the federal exclusionary rule does not bar the introduction of evidence seized in violation of parolees' Fourth Amendment rights at parole revocation hearings.

Question 22

There are three alternatives when future dates of parole or rescission of parole occurs.

Question 23

Statements given by a probationer when there is a requirement to answer "promptly and truthfully" to all probation officer's questions are not inadmissible at his trial on a new charge.

Question 24

Griffin v. Wisconsin is the major Supreme Court case regarding searches of probationers, which do not violate the Fourth Amendment if in response to "special needs."

Question 25

After Samson v. California, it appears that parolees enjoy more Fourth Amendment protections than do probationers.

Question 26

Explain the four theories of parole and discuss the major differences among them.

Question 27

Discuss the Fourth Amendment rights of probationers and parolees.

Question 28

Discuss the rationale(s) the Supreme Court has provided for treating probationers and parolees differently regarding due process and their Fourth Amendment protections.