Deck 12: Community Sentences: Probation, Intermediate Sanctions, and Restorative Justice

Question 1

The common-law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon or demonstrate that they had reformed their behavior was known as:

A)Recognizance.
B)Judicial reprieve.
C)Judicial waiver.
D)Revocation.

Answer 1

B

Question 2

The first state in the United States to legislate probation and appoint paid probation officers was:

A)Pennsylvania.
B)Missouri.
C)Massachusetts.
D)New York.

Answer 2

C

Question 3

The significance of the case of United States v. Granderson (1994) is that it clarified:

A)What can happen to a probationer whose community sentence is revoked.
B)The minimum and maximum sentence lengths for probation.
C)That probation cannot be revoked due to the inability to pay one's fines.
D)When counsel is mandated for a revocation hearing.

Answer 3

A

Question 4

As compared with jail and prison sentences for drug-related crimes, community-based drug programs have shown:

A)More recidivism.
B)Less recidivism.
C)More violence among participants.
D)No difference.

Question 5

The accumulation of important information on the background and activities of an offender being considered for probation is called:

A)Probation narrative.
B)Presentence investigation.
C)Presentence examination.
D)Probationary review.

Question 6

Which case ruled that probation officer-client relationship is not confidential and that if a crime is admitted to a probation officer the information can be passed onto the police.

A)McKenzie v. Fahey
B)Garrett v. Miller
C)Minnesota v. Murphy
D)Griffin v. Wisconsin

Question 7

The modern idea of probation is credited to:

A)Lawrence Driscoll.
B)John Augustus.
C)John Howard.
D)Zebulon Brockway.

Question 8

Which of the following is a condition of probation in which the offender repays society or the victim of the crime for the trouble caused by the offender

A)Family circle sentencing
B)Restitution
C)Restoration
D)Forfeiture

Question 9

Which of the following is the process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings

A)Presentence diversion
B)Intake
C)Classification
D)Declassification

Question 10

Which is the group of punishments that falls between probation and prison and is primarily community-based and usually administered by probation departments

A)Intermediate sanctions
B)Community probation resource programs
C)Hot spot probation
D)Transitional sentencing

Question 11

The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior was known as:

A)Judicial waiver.
B)Recognizance.
C)Revocation.
D)Judicial reprieve.

Question 12

A prison term that is delayed while the defendant undergoes a period of community treatment is called:

A)Delayed treatment.
B)Presentencing diversion.
C)Suspended sentence.
D)Community treatment diversion sentence.

Question 13

Which of the following is the practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community

A)Community probation.
B)Split sentencing.
C)Surprise sentencing.
D)Electronic monitoring.

Question 14

Which of the following is the assessment of the threat level probationers pose to the community and themselves

A)Risk classification
B)Recognizance
C)Probationary taxonomy
D)Intermediate sanctions

Question 15

The case of Tate v. Short (1971) recognized that:

A)Incarcerating individuals who could not pay fines discriminates against the poor.
B)Incarcerating individuals who violate probation for a misdemeanor offense violates the Eighth Amendment with regard to cruel and unusual punishment.
C)Restitution can only be used in cases which a felony was not the primary offense of the accused.
D)Community service restitution is unlawful for individuals who can afford to pay day fines.

Question 16

Levying a money payment on offenders to compensate society for their misdeeds is called a(n):

A)Fine.
B)Tariff.
C)Impose charge.
D)Duty tax.

Question 17

The Oklahoma Department of Corrections is testing a GPS-based monitoring system that uses GIS (geographic information system) to better assess an offender's location. This is known as:

A)GeoShadow.
B)Geocaching.
C)Graphic Inmate Reception.
D)Oklahoma Geographic Inmate Location (OGIL).

Question 18

Which of the following crimes would most likely end in a sentence of a fine only

A)Murder
B)Burglary
C)Public intoxication
D)Assault

Question 19

National data indicate that what percentage of probationers successfully complete their probationary sentences

A)30
B)53
C)65
D)75

Question 20

One of the most widely advertised standardized tests used to predict failure and assigned treatment for probationers is:

A)Level of Service-Revised (LSI-R).
B)Wechsler Primary Scale of Probation (WPSP).
C)Conflict Tactics Scale (CTS).
D)Minnesota Multiphasic Personality Inventory (MMPI).

Question 21

Which of the following is a view of the criminal justice system that focuses on crime as an act against the community rather than against the state

A)Restitution
B)Probation
C)Parole
D)Restorative justice

Question 22

Which of the following is not a goal of Intensive Probation Supervision (IPS) programs

A)Decarceration
B)Reintegration
C)Control
D)Restoration

Question 23

CASE 12.1
John Lewis is a 28-year-old married man with one child who was laid off from his job as a coal miner and was recently arrested for possession of drugs in rural West Virginia. His attorney made it known during the court process that Mr. Lewis's arrest for prescription pain drugs without a valid prescription stemmed from an injury he sustained years ago on the job. Given this information, answer the follow questions:
After being given a report by the probation department called a ________________, the judge discovers that Mr. Lewis's claims are valid, that he is not a flight risk or a danger to society, and that he has educational and job experience that warrant probation.

A)Presentence investigation
B)Intake report
C)Sentence disposition
D)Sentencing report

Question 24

CASE 12.2
Gloria Karli, a secretary and single mother of three with no prior arrests, was arrested for larceny and vandalism when she stole $700 worth of jewelry from a coworker's house and slashed the coworker's tires in retaliation for comments made to Gloria's supervisor about missing work for unexcused reasons. Given this information, answer the following questions:
Having failed on probation, Ms. Karli served the remainder of her sentence in jail. Her family argued that ___________________, a view that focuses on crime as an act against the community rather than the state and brings all parties together to address the root of the problem would have been more effective.

A)Community day reporting
B)Residential community corrections
C)Restorative justice
D)Work release

Question 25

CASE 12.2
Gloria Karli, a secretary and single mother of three with no prior arrests, was arrested for larceny and vandalism when she stole $700 worth of jewelry from a coworker's house and slashed the coworker's tires in retaliation for comments made to Gloria's supervisor about missing work for unexcused reasons. Given this information, answer the following questions:
After the completion of her jail sentence Gloria is released, but three days into her probation she is found to have harassed and threatened the victim of the prior offense. Which type of hearing of is scheduled in order to address the new charges

A)Revocation
B)Restitution
C)Retraction
D)Probation repeal

Question 26

In the next phase, Officer Simmons interviews Johnny and assesses his character, attitude, and behavior in order to determine the best possible treatment. This process is known as what

A)Diagnosis
B)Risk classification
C)Presentence investigation
D)Treatment supervision

Question 27

CASE 12.3
Robert Land is arrested for driving under the influence following a celebration of his brother's election as mayor of a small town in South Carolina. Robert has no prior arrests and is 24 years old. Given this information, answer the following questions:
Given Mr. Land's noncriminal past, the judge sentences Robert to nine months in jail but gives him which type of sentence upon completion of a substance abuse program and no further criminal activity

A)Retroactive
B)Proactive
C)Suspended
D)Postconviction

Question 28

Which of the following is not a benefit of community sentencing that includes probation

A)Less costly than jail or prison
B)Helps the offender maintain family and community ties
C)Acts as a means of general deterrence
D)Gives offenders a "second chance"

Question 29

CASE 12.1
John Lewis is a 28-year-old married man with one child who was laid off from his job as a coal miner and was recently arrested for possession of drugs in rural West Virginia. His attorney made it known during the court process that Mr. Lewis's arrest for prescription pain drugs without a valid prescription stemmed from an injury he sustained years ago on the job. Given this information, answer the follow questions:
After entering into the probation system, Mr. Lewis's danger to the community was assessed in a process called a(n):

A)Presentence report.
B)Risk assessment.
C)Risk classification.
D)Intake.

Question 30

CASE 12.1
John Lewis is a 28-year-old married man with one child who was laid off from his job as a coal miner and was recently arrested for possession of drugs in rural West Virginia. His attorney made it known during the court process that Mr. Lewis's arrest for prescription pain drugs without a valid prescription stemmed from an injury he sustained years ago on the job. Given this information, answer the follow questions:
While on probation, Mr. Lewis confides in his probation officer that he has illegally purchased pain medications from a neighbor. The probation officer reports this to police. If taken to trial, the actions of the probation will be upheld because of the findings in the case of:

A)Burger v. Wisconsin.
B)Minnesota v. Murphy.
C)Upshaw v. Zabriskie.
D)Sancomb v. Crutchfield.

Question 31

Officer Simmons believes that Johnny has a drug problem. She recommends that he attend in-patient counseling in a drug rehabilitation facility and be subject to frequent, unannounced urine analysis as part of his probation. This process is known as what

A)Diagnosis
B)Risk classification
C)Presentence investigation
D)Treatment supervision

Question 32

One effect of California's Substance Abuse and Crime Prevention Act, which allows offenders to participate in community-based drug programs, has been that:

A)Clients were nearly 50% less likely to be rearrested for a drug crime.
B)Clients were likely to be rearrested for a drug crime.
C)These programs have nearly 100% success rates for nonviolent offenders.
D)There is no indication that these community-based programs are linked to recidivism at all.

Question 33

In the final phase, Officer Simmons assesses the amount of danger that Johnny poses to the community. This process is known as what

A)Diagnosis
B)Risk classification
C)Presentence investigation
D)Treatment supervision

Question 34

Which of the following is a type of sentencing in which all parties, victims, offenders, community, and family members participate in an effort to devise fair and reasonable sanctions aimed at reintegration of the offender into the community

A)Family group counseling
B)Sentencing circles
C)Victim-offender mediation
D)Restorative counseling

Question 35

The intended goal of restorative justice is to:

A)Repair injuries suffered by the victim and the community.
B)Ensure reintegration of the offender into the community.
C)Repair injuries suffered by the victim and the community and ensure reintegration of the offender into the community.
D)Reduce prison crowding and the administrative costs of probation.

Question 36

CASE 12.2
Gloria Karli, a secretary and single mother of three with no prior arrests, was arrested for larceny and vandalism when she stole $700 worth of jewelry from a coworker's house and slashed the coworker's tires in retaliation for comments made to Gloria's supervisor about missing work for unexcused reasons. Given this information, answer the following questions:
Given Ms. Karli's noncriminal past, the judge orders the offender into a program that sentences her to ten days in jail, followed by six months of probation. This is called:

A)Shock probation.
B)Day fines.
C)Restitution.
D)Family circle sentencing.

Question 37

Johnny is convicted of possession of a controlled substance and sentenced to probation. Johnny's case is assigned to Probation Officer Simmons. In assessing Johnny's case, Simmons first collects as much information about Johnny's background and activities as she can to help determine the terms of Johnny's probation. This process is known as what

A)Diagnosis
B)Risk classification
C)Presentence investigation
D)Treatment supervision

Question 38

The main goal of restitution is to:

A)Pay back the victim.
B)Specifically deter the criminal.
C)Create smaller caseloads.
D)Shock the inmate.

Question 39

CASE 12.3
Robert Land is arrested for driving under the influence following a celebration of his brother's election as mayor of a small town in South Carolina. Robert has no prior arrests and is 24 years old. Given this information, answer the following questions:
Because of Mr. Land's noncriminal past, it is likely his case could be an option for which process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings

A)Probation diversion
B)An intake hearing
C)A presentence investigation
D)Habeas corpus

Question 40

CASE 12.3
Robert Land is arrested for driving under the influence following a celebration of his brother's election as mayor of a small town in South Carolina. Robert has no prior arrests and is 24 years old. Given this information, answer the following questions:
The prosecutor in Mr. Land's case asked the judge if Robert could be given which form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his home to reduce temptations of drinking

A)Electronic supervision
B)House arrest
C)Community supervision
D)Intensive supervision

Question 41

Case law has established that probationers are entitled to be represented by counsel during probation revocation hearings.

Question 42

Intermediate sanctions are no longer used in over forty states because of the cost and ineffectiveness of the programs.

Question 43

John Howard was a leading reformer of probation in the United States.

Question 44

In a classic study, Petersilia et al. found that 65% of convicted felon probationers were not rearrested.

Question 45

In the case of United States v. Knights, the U.S. Supreme Court upheld the warrantless search of a probationer's home for the purpose of gathering criminal information.

Question 46

Fines are still commonly used in Europe, where they are often the sole penalty, even in cases involving chronic offenders who commit fairly serious crimes.

Question 47

Restorative justice is aimed at bringing all members of the offense together, including victims, offender, families, community, and law enforcement.

Question 48

After growing significantly for three decades, there has been an actual decrease in the probation population during the past five years.

Question 49

Judges have broad discretion in setting the terms of probation.

Question 50

In the United States, fines are most commonly used in cases involving misdemeanors.

Question 51

One of the largest and most well-known private probation programs is The Private Probation Services company in Missouri.

Question 52

Most revocations of probation occur during the first 3 months, because of technical violations.

Question 53

The idea of sentencing circles originated following the Civil Rights Movement of the 1960s.

Question 54

If a probationer violates his or her probation by committing another crime, this is referred to as a legal violation.

Question 55

Day fees require probationers to pay for part of the cost of their treatment.

Question 56

Presentence investigations are not allowed to include information on age or race, as these demographics can create bias in sentencing.

Question 57

The genesis of probation in the United States can be traced back to the efforts of John Augustus in Boston.

Question 58

In the case of Griffin v. Wisconsin (1987), the U.S. Supreme Court held that it was legal for probation officers to use trickery and deception to find out whether probationers under their care were engaging in illegal activities.

Question 59

Victim-offender mediation programs are used worldwide and in the United States are often employed in schools.

Question 60

Restitution programs must include monetary fines to the victim and cannot be used in conjunction with community service programs.

Question 61

The common-law practice of __________________ allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate reformed behavior.

Question 62

Intensive probation supervision, house arrest, electronic monitoring, and restitution orders are examples of ________________________.

Question 63

The RICO Act and the ___________________________ help reintroduce forfeiture back into U.S. law.

Question 64

Some jurisdictions have experimented with _____________________ punishment, a method designed to reduce parole violations in which probationers are incarcerated within hours of a parole violation.

Question 65

_____________________________ occurs when the terms of probation are violated and an offender is sent to prison.

Question 66

Under _____________________, or focused, probation, teams of probation officers take on clients convicted of one type of crime (e.g., drug offenses) so as to provide a higher quality of treatment.

Question 67

At least twenty-five states now impose a fee on probationers to offset the cost of their probation; this is known as ____________________.

Question 68

The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings is known as____________________.

Question 69

The medieval practice of ________________ allowed for convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior.

Question 70

Restitution has been shown to reduce recidivism.

Question 71

The legal concept of forfeiture was reintroduced under the Racketeer Influenced and Corrupt Organization (RICO) Act.

Question 72

____________ is a sentence entailing the conditional release of a convicted offender into the community under the supervision of the courts; it is subject to certain conditions.

Question 73

A(n) _______________is a type of sentencing in which victims, family members, community members, and the offender participate in an effort to devise fair and reasonable sanctions.

Question 74

A group of punishments known as ______________________ fall between probation and prison and involve community-based sanctions such as house arrest and intensive supervision.

Question 75

As assessment of the threat level probationers pose to the public is called a _________________.

Question 76

________________ are used as a step down in security for jail or prison inmates and a step up for probationers who have failed community sanctions, and involve nonresidential community-based treatment programs.

Question 77

_______________ is usually credited with originating the modern probation concept beginning in Boston in the 1840s.

Question 78

In restitution situations involving wealthy offenders, the judge can issue an order stipulating that the offender must get a low-paying public job and use the income as a means of payment.

Question 79

A report performed by a probation officer attached to a trial court after the conviction of a defendant is called a _________________.

Question 80

In _______________________, the Court ruled that the probation officer-offender relationship is not confidential, as compared with that of an attorney-client or doctor-patient.