Pretrial Release and Diversion

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Questions and Answers

What is the primary purpose of a defendant's supervised release from jail into the community?

  • To secure the defendant's next court appearance as an alternative to pretrial detention. (correct)
  • To monitor the defendant's activities and ensure community service completion.
  • To provide a recreational opportunity for the defendant.
  • To allow the defendant to seek employment opportunities exclusively.

Which of the following describes the role of pretrial services?

  • Managing parolees after their release from prison.
  • Providing legal counsel to defendants before their trial.
  • Offering rehabilitation programs for convicted offenders.
  • Assisting the court in determining whom to release or detain. (correct)

What is the main goal of diversion programs for offenders?

  • To isolate offenders from their communities to prevent further crimes.
  • To offer offenders an alternative to paying fines or restitution.
  • To provide offenders with job training opportunities exclusively.
  • To keep offenders from the negative effects of incarceration while addressing their challenges. (correct)

What does 'reflective justice' in judicial proceedings emphasize?

<p>Considering each case's individual circumstances and broader concepts of justice. (B)</p> Signup and view all the answers

What is community supervision that tries to invoke shame in an offender typically called?

<p>Scarlet letter condition. (A)</p> Signup and view all the answers

What was the primary driver behind the adoption of sentencing guidelines?

<p>To control judicial discretion and promote more uniform sentencing practices. (A)</p> Signup and view all the answers

If a crime has taken a toll physically, emotionally, financially, or psychologically on the victim and the victim's family, what is a written account of this known as?

<p>Victim impact statement. (B)</p> Signup and view all the answers

What is the initial meeting between a probation officer and an offender during a presentence investigation typically called?

<p>Initial interview. (C)</p> Signup and view all the answers

Which type of report primarily concentrates on the details of the crime, the offender's culpability, and their past criminal record?

<p>Offense-based reports. (A)</p> Signup and view all the answers

What document serves as the main information source for courts when deciding whether to grant probation or impose a different sentence?

<p>Presentence investigation report. (A)</p> Signup and view all the answers

What are conditions imposed on all individuals under community supervision in a given jurisdiction referred to?

<p>Standard conditions. (C)</p> Signup and view all the answers

What term describes stipulations tailored to fit the problems and needs of an individual offender?

<p>Special conditions. (A)</p> Signup and view all the answers

What opportunity refers to a defendant and/or his or her attorney reviewing a draft of the presentence report?

<p>Disclosure (B)</p> Signup and view all the answers

Which Amendment right do courts say a defendant does not have during the initial probation interview?

<p>Sixth (D)</p> Signup and view all the answers

Which of the following is an example of a special condition of community sanctions?

<p>Obtain a GED (A)</p> Signup and view all the answers

The contents of the presentence investigation and report vary according to what factor?

<p>whether it is an offender-based or offense-based PSI. (A)</p> Signup and view all the answers

When a court proceeds directly to sentencing without a PSI, what type of report is written?

<p>post-sentence report. (A)</p> Signup and view all the answers

Who utilizes the PSI report in their tasks?

<p>All of these are correct (D)</p> Signup and view all the answers

What part of the PSI presents the offender's probability of risk to the community?

<p>evaluative summary. (B)</p> Signup and view all the answers

Pretrial service officers have what type of release authority?

<p>They can release the defendant before the initial court appearance in front of the judge because of their delegated release authority. (A)</p> Signup and view all the answers

Flashcards

Pretrial release

Supervised release from jail into the community as an alternative to pretrial detention.

Pretrial services

An agency assisting the court in release/detention decisions using assessments and interviews.

Diversion

Attempts to shield offenders from incarceration's negative impacts while offering community rehab programs.

Reflective justice

Considering each case in terms of subjectivities, harms, and contexts, measured against concepts like freedom and equality.

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Scarlet letter

Community supervision that attempts to publicly shame the offender.

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Sentencing guidelines

To give judges less discretion.

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Victim impact statement

A written account detailing the physical, emotional, financial, and psychological impact of a crime on the victim(s).

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Initial interview

Meeting between offender and probation officer, completing an investigatory worksheet.

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Offense-based reports

Reports focusing on the crime, offender's culpability, and prior criminal history.

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Presentence investigation report

The major source of data for courts determining probation or sentencing.

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Standard conditions

Conditions imposed on all individuals under community supervision, regardless of offense.

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Special conditions

Tailored conditions based on individual offender's problems and needs.

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Disclosure

Opportunity for defendant/attorney to review the presentence report draft.

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Sixth Amendment

No attorney present.

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True

Successfully completing diversion and can result in no official criminal record.

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True

Supervisory and rehabilitative function in the criminal justice system.

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True

Interview must be conducted

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Needs

An identified problem, characteristic, or pattern needing intervention.

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54-item scale

LSI-R

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Surveillance

Monitoring to ensure compliance.

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Study Notes

  • Pretrial release is a defendant's supervised release from jail into the community to secure the defendant's next court appearance as an alternative to pretrial detention.
  • The Manhattan Bail Project began in 1960.
  • Pretrial services is an agency that assists the court in deciding whom to release and detain based on validated assessment instruments and also a pretrial interview of the defendant.
  • Diversion attempts to keep offenders from the negative effects of incarceration while providing rehabilitation programs in the community.
  • Judges engage in reflective justice, meaning that each individual case is considered in terms of its harms, wrongs, and contexts, and then measured against concepts such as oppression, freedom, dignity, and equality.
  • The form of community supervision that attempts to invoke shame in the offender is called a scarlet letter condition.
  • The primary reason for the adoption of sentencing guidelines was to control judicial discretion.
  • A victim impact statement is a written account by the victim(s) as to how the crime has affected them physically, emotionally, financially, or psychologically.
  • The initial interview is the first task in conducting a presentence investigation, meeting with the offender and completing an investigatory worksheet.
  • Offense-based reports primarily focus on the crime, the offender's culpability, and the offender's prior criminal history.
  • A presentence investigation report is the major source of information used by the courts in determining whether or not to grant probation or impose some other sentence.
  • Standard conditions are imposed on all individuals under community supervision in a given jurisdiction, regardless of the nature of the offense committed.
  • Special conditions are additional stipulations tailored to fit the problems and needs of the individual offender and ordered by the court.
  • Disclosure refers to an opportunity for a defendant or their attorney to review a draft of the presentence report.
  • Courts have held that a defendant does not have a Sixth Amendment right to have an attorney present during the initial probation interview.
  • Obtaining a GED is a special condition of community sanctions.
  • The contents of the presentence investigation and report vary according to whether it is an offender-based or offense-based PSI.
  • A post-sentence report is ordered when a court has proceeded directly to the sentencing phase without a PSI, usually after accepting a plea bargain.
  • Judges, defense attorneys, and prosecution attorneys all use the PSI report in carrying out their tasks.
  • The evaluative summary of the PSI presents the offender's risk to the community, the amount of harm caused, the ability to pay monetary costs, and the need for treatment.
  • Pretrial services officers can release the defendant before the initial court appearance with their delegated release authority,
  • Community ties are useful in predicting a defendant's risk or likelihood of appearing in court.
  • Delegated release authority allows pretrial services officers to release a defendant before appearing in front of a judge.
  • An instance where a defendant does not attend a scheduled court hearing is referred to as failure to appear.
  • Successfully completing diversion results in no official criminal record for the accused.
  • Community corrections departments serve both a supervisory and rehabilitative function in the criminal justice system.
  • Each new client under community supervision must be interviewed.
  • Programs mixing low-risk offenders with high-risk offenders have not decreased recidivism.
  • Race is not a dynamic risk factor.
  • Probation and parole officers may conduct warrantless searches of their client's homes with reasonable suspicion.
  • Supervision refers to the management that an officer maintains over offenders committed to their custody.
  • Need analytics involves interviewing an offender using a validated quantitative instrument to identify their risk of recidivism and criminogenic needs in order to address treatment.
  • The number of arrests, prior convictions, and history of abuse are static factors.
  • Employment status, substance abuse, and lack of housing are dynamic factors.
  • The LSI-R is a 54-item scale that assigns a numerical value to factors in the presentence report.
  • Needs assessment uses a validated quantitative instrument to help identify characteristics, conditions, or behavioral problems or limit an offender's motivation or criminal behavior.
  • Substance abuse is a static factor.
  • An issue is an identified problem, characteristic, or pattern of conduct that requires intervention for change.
  • Surveillance is the process of determining if probationers and parolees meet the conditions imposed by the court or parole board.
  • Administrative supervision is the lowest level of supervision with no requirement for the probationer to personally visit or contact a probation officer.
  • Caseload refers to the number of individuals or cases on probation or parole that an officer can effectively supervise.
  • Collateral contacts like teachers, employers, or relatives are valuable for probation/parole officers due to having direct contact with the offender.
  • A case treatment plan includes the main goals that the offender will work on during probation/parole.
  • Field contact is time-consuming and also the most valuable type of face-to-face supervision for both the offender and the supervising officer.
  • Criminogenic needs are problems, habits, or deficits directly related to an individual's involvement in criminal behavior.
  • Program level should be matched with client risk level according to the principles of effective correctional intervention.
  • Women on community supervision have often committed crimes with male partners, or alone, out of financial need.
  • Motivational interviewing involves creating a positive climate and understanding, used for getting offenders to recognize their problems.
  • Recidivism rates of offenders in neighborhood-based and traditional community supervision are similar.
  • The Interstate Compact was the original agreement that provides for the supervision of probationers and parolees in states other than where they were convicted.

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