Ch 2 How Probation Developed: Cronicling Its Past And Present Flashcards
Security for good behavior
A recognizance or bond given the court by a defendant before or after conviction conditioned on his or her being “on good behavior” or keeping the peace for a prescribed period.
Amercement
A monetary penalty imposed arbitrarily at the discretion of the court for an offense.
Filing
A procedure under which an indictment was “laid on file,” or held in abeyance, without either dismissal or final judgement in cases in which justice did not require an immediate sentence.
Motion to quash
An oral or written request that the court repeal, nullify, or overturn a decision, usually made during or after the trial.
Surety
An individual who agrees to become responsible for the debt of a defendant or who answers for the performance of the defendant should the defendant fail to attend the next court appearance.
Recognizance
Originally a device of preventive justice that obliged people suspected of future misbehavior to stipulate with and give full assurance to the court and the public that the apprehended offense would not occur. Recognizance was later used with convicted or arraigned offenders with conditions of release set.
Suspended sentence
An order of the court after a verdict, finding, or plea of guilty that suspends or postpones the imposition or execution of sentence during a period of good behavior.
Conviction
A judgement of the court, based on a defendants plea of guilty or nolo contendere, or on the verdict of a judge or jury, that the defendant is guilty of the offense(s) with which he or she has been charged.
John Augustus
A Boston boot maker who was the founder of probation in the United States.
Parens patriae
Latin term meaning that the government acts as a “substitute parent” and allows the courts to intervene in cases in which it is in the child’s best interest that guardian be appointed for children who, through no fault of their own, have been neglected and/or are dependent.
Community corrections act
Formal written agreement between the state government and local entities for the state to fund counties to implement and operate community corrections programs on a local level.
Casework
A community supervision philosophy that allowed the officer to create therapeutic relationships with clients through counseling and directly assisting in behavior modification to assist them in living productively in the community.
Brokerage of services
Supervision that involves identifying the needs of probationers or parolees and referring them to an appropriate community agency.
Community resource management team model (CRMT)
A supervision model in which probation or parole officers develop skills and linkages with community agencies in one or two areas only. Supervision under this model is a team effort, each officer utilizing his or her skills and linkages to assist the offender.
Justice model
The correctional practice based on the concept of just deserts and even-handed punishment. The justice model calls for fairness in criminal sentencing, in that all people convicted of a similar offense will receive a like sentence. This model of corrections relies on determinate sentencing and/or abolition of parole.