Questions and Answers
The __________ is performed by a probation officer and serves as the basis of whether the convicted defendant will be granted community release.
presentence investigation
National data indicate that 60 percent of probationers successfully complete their probationary sentence.
True
In ____, the court ruled that the probation officer-client relationship is not confidential.
Minnesota v. Murphy
Community service is an example of:
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A recognizance was a historic practice that enabled convicted offenders to go unpunished if they agreed to refrain from further criminal behavior; sometimes a surety was required.
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According to the basic principles of restorative justice, the first priority of the justice process is to:
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According to the ________________ view, crime shares a common trait in that it brings harm to the community in which it occurs.
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Programs such as fines and forfeiture are examples of ____________________ sanctions.
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Which of a probation officer's tasks encompasses the process of motivational interviewing?
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John Braithwaite argues that crime control can be better achieved through a policy of:
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An individual who has committed a serious offense, or who has a prior felony conviction, is never awarded probation.
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What did the court rule in Tate v. Short?
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A suspended sentence is a prison term that is delayed while the defendant undergoes a period of community treatment; if the treatment is successful, the prison sentence is terminated.
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During medieval times, _______________________ allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.
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Motivational interviewing is used by probation staff as part of the treatment phase to increase probationers' awareness of their potential problems.
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What is the term associated with the strict interpretation of forfeiture statutes that produces property confiscations for even minor drug violations?
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The ____ is conducted to gain information on the background and activities of the offender being considered for probation.
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Greg is 18 years old and has a drinking problem. He dropped out of high school and doesn't have a steady job but picks up bits and pieces of work when people are hiring for the short term. Recently he was arrested for driving while intoxicated, but before the police stopped him Greg ran a stop sign and got into an accident. The driver of the other vehicle ended up in serious but stable condition in the hospital. When the accident victim gets out of the hospital, she wants to talk about why Greg has been allowed to cause so much pain, why he hasn't gotten help for his drinking, and how he can move forward. What does she really want to accomplish?
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A probationer's home may be searched without a warrant by a probation officer if the officer suspects criminal activity.
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The case where the Supreme Court ruled that a judge cannot revoke a defendant's probation for failure to pay a fine or make restitution is:
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Grant was arrested for unlawful possession of a firearm, a misdemeanor in New York State. He is involved in a custody battle with his ex-wife and he brought the gun with him to scare her into letting him see his daughter more often. They got into a shouting match and he pulled the gun out. Grant was arrested and he pled guilty to disorderly conduct, a handgun violation, and was given probation. What medieval practice serves as the basis of probation that allowed Grant to serve a punishment in the community by following conditions of supervision?
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Which of the following is an example of monetary restitution?
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Study Notes
Probation and Community Release
- Presentence investigation is crucial for determining community release eligibility, conducted by probation officers.
- Approximately 60% of probationers successfully complete their probationary sentences.
Legal Cases and Concepts
- In Minnesota v. Murphy, the court decided that the probation officer-client relationship lacks confidentiality.
- Tate v. Short ruled that jailing individuals for unpaid fines constitutes discrimination against the poor.
- Beardon v. Georgia established that judges cannot revoke probation solely for non-payment of fines or restitution.
Restorative Justice Principles
- The first priority of restorative justice is to assist victims.
- John Braithwaite's theory promotes crime control through reintegrative shaming.
- Initiatives focused on restorative justice aim to address the harm caused by crime and facilitate understanding between victims and offenders.
Intermediate Sanctions and Treatment
- Intermediate sanctions include programs like fines and forfeiture.
- Motivational interviewing is employed by probation officers as a treatment approach to enhance awareness of issues faced by probationers.
Historical Practices
- Judicial reprieve historically allowed offenders to seek pardons or demonstrate reform before serving sentences, forming the basis for modern probation practices.
- Suspended sentences postpone prison terms during successful community treatment.
Probation Officer Authority
- Probation officers can search a probationer's home without a warrant if criminal activity is suspected.
Restitution Examples
- Monetary restitution may involve payments for a victim's hospital bills, exemplifying the financial responsibilities of offenders.
Case Examples
- Greg, who caused harm due to his drinking, represents a scenario where restorative justice seeks to address the victim's needs and offender's accountability.
- Grant's situation illustrates the use of probation stemming from judicial reprieve, enabling him to avoid incarceration while under supervision.
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Description
This quiz covers key concepts related to probation and community release, including the importance of presentence investigations and relevant legal cases. It also highlights restorative justice principles and the impact of intermediate sanctions. Test your knowledge on these critical aspects of the criminal justice system.
