Ch4 Pretrial Supervision, Sentencing, And The Presentence Investigation Report Flashcards

0
Q

Failure to appear

A

A situation in which a defendant does not attend a scheduled court hearing

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1
Q

Pretrial release

A

A defendants release in the community following arrest as an alternative to detention while the defendant prepares for the next scheduled court appearance

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2
Q

Delegated release authority

A

Statutory authority that allows pretrial services officers to release the defendant before the initial court appearance in front of the judge.

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3
Q

Pretrial supervision

A

Court-ordered correctional supervision of a defendant who has not yet been convicted whereby the defendant participates in activities such as reporting, house arrest, and electronic monitoring to ensure appearance at the next court date.

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4
Q

Surety bond

A

A certificate signed by the principal and a third party, promising to pay in the event the assured suffers damages or losses because the employee fails to perform as agreed.

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5
Q

Diversion

A

An alternative program to traditional criminal sentencing or juvenile justice adjudication that provides first-time offenders with a chance or addresses unique treatment needs, with the successful completion resulting in the dismissal of the current charges.

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6
Q

Sentencing

A

The post conviction stage, in which the defendant is brought before the court for formal judgement pronounced by a judge.

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7
Q

Reflective justice

A

Each defendants case is considered in total according to its subjectivities, harms, wrongs, and contexts, and then measured against concepts such as oppression, freedom, dignity, and equality.

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8
Q

Presumptive sentencing grids

A

A narrow range of sentencing guidelines that judges are obligated to use. Any deviations must be provided in writing and may also be subject to appellate court review.

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9
Q

Sentencing commission

A

A governing body that monitors the use of the sentencing guidelines and departures from the recommended sentences.

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10
Q

Presentence investigation report (PSI)

A

A report submitted to the court before sentencing describing the nature of the offense, offender characteristics, criminal history, loss to the victim, and sentencing recommendations.

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11
Q

Post-sentence report

A

A report written by a probation officer after the defendant has pled guilty and been sentenced in order to aid probation and parole officers in supervision, classification, and program plans.

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12
Q

Presentence investigation

A

An investigation undertaken by a probation officer for the purpose of gathering and analyzing information to complete a report for the court.

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13
Q

Offense-based presentence report

A

A presentence investigation report that focuses primarily on the offense committed, the offender’s culpability, and prior criminal history

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14
Q

Victim impact statement

A

A written account by the victim(s) as to how the crime has taken a toll physically, emotionally, financially, or psychologically on the victim and the victim’s family. Victim impact statements are considered by many states at time of sentencing and at parole board hearings.

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15
Q

Disclosure

A

The right of a defendant to read and refute information in the presentence investigation report prior to sentencing

16
Q

Harmless error

A

An error that occurs prior to conviction that does not affect the sentencing outcome of the case.

17
Q

Hearsay evidence

A

Information offered as a truthful assertion that does not come from the personal knowledge of the person giving the information but from knowledge that person received from a third party.

18
Q

Exclusionary rule

A

A rule of evidence that enforces the fourth amendments prohibition against unreasonable search and seizure, whereby illegal police searches are not admissible in a court of law. The purpose is to deter police misconduct.

19
Q

Standard conditions

A

Conditions imposed on all offenders in all jurisdictions.

20
Q

Special conditions

A

Conditions tailored to fit the needs of an offender.

21
Q

Clear conditions

A

Conditions that are sufficiently explicit so as to inform a reasonable person of the conduct that is required or prohibited.

22
Q

Reasonable conditions

A

Probation conditions that the offender can reasonably comply with.