Chapter 10 notes pt. 2 Flashcards
a criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned
probation
_________ is the most common form of punishment in the U.S.
probation
a judicially imposed condition in which an offender is sentenced after being convicted of a crime, but it’s not required to begin saving the sentence immediately
suspended sentence
Judges can also combine probation with incarceration. Such sentencing arrangements include the following:
- Split sentencing
- Shock Incarceration
- Intermittent incarceraton
a sentence that consits of incarceration in a prison or jail, followed by a probationary period in th ecommunity
split sentencing
split sentencing is also known as ______ __________
shock probation
shock probation is also known as ________ __________
split sentencing
the offender spends a certain amount of time each week, usually during the weekend, in a jail, workhouse, or other government institution
intermittent incarceration
Explain several alternative sentencing arrangements that combine probation with incarceration.
With a suspended sentence, a convicted offender is not required to serve the sentence, but the judge has the option of reinstating the sentence if the person reoffends. In addition, there are three other general types of sentencing arrangments:
(a) split sentence probation, in which the judge specifies a certain time in jail or prison followed by a certain time on probation (b) shock incarceration, in which a judge sentences an offender to be incarcerated but allows that person to petition the court to be released on probation (c) intermittent incarceration, in which an offender spends a certain amount of time each week in jail or in a halfway house or another government institution.
What are the conditions under which an offender is most likely to be denied probation?
- are convicted on multiple charges
- were on probation or parole at the time of the arrest
- have two or more prior convictions
- are addicted to narcotics
- seriously injured the victim of the crime
- used a weapon during the commission of the crime
What are the two principles of probation?
- the conditions must be realted to the dual purposes of probation
- the conditions must not violate the U.S. Constitution, as probationers are generally entitled to the same constitutional rights as other prisoners
What are the dual purposes of probation?
- the rehabiliation of the probationer
2. the protection of the community
What three conditions are placed on a probationer?
- standard conditions
- punitive conditions
- treatment conditions `
Is this a standard, punitive, or treatment condition:
which are imposed on all probation officer
standard conditions
Is this a standard, punitive, or treatment condition:
which usually reflect the seriousness of the offense and are intended to increase the punishment of the offender
punitive conditions
Is this a standard, punitive, or treatment condition:
which are imposed to reverse patterns of self-destructive behavior
treatment conditions
Reporting regularly to the probation officer; notifying the agency of any change of address; not leaving the jurisdiction without permission; and remaining employed
These are examples of standard, punitive, or treatment conditons?
standard conditions
Fines; community service; restitution; drug testing; and home confinement
These are examples of standard, punitive, or treatment conditions?
punitive conditions
in larger jurisdictions, the trend has been toward separating the responsibilites with ___________ ________, handlind the presentence investigation and _____ ________, concentrating on supervision
investigating officers
line officers
supervisory policies vary and are often a reflection of whether the authority to administer probation services is _______________ (under local, judicial control) or _____________ (under state, administrative control)
decentralized
centralized
the power designated to an agent of the law over a person who has broken the law
authority
even the most balanced, “firm but fair” approach to probation can be defeated by the problem of excessive __________
caseloads
the number of individual probationers or paroles under the supervision of a probation or parole officer
caseloads
the ideal caseload size is very difficult to determine because different __________ require different _______ ___ __________
offenders
levels of supervision
an action taken by a probationer that, although not criminal, breaks the terms of probation as designated by the court
technical violation
What are the three stages of probation revocations?
- preliminary hearing
- revocation hearing
- revocation sentencing
Offenders sentenced to probation serve their sentence in the _________ under the supervision of a __________ _______.
community
probation officer
If a probationer commits a __________ __________ by failing to follow the ________ of his or her probation, it may be revoked.
technical violation
conditions
If revocation occurs, the offender will be sent to _________.
prison/jail
Explain the three stages of probation revocation.
- preliminary hearing, usually before a judge, during which the facts of the probation violation are presented
- revocation hearing, during which the probation agency presents its claims of violation and the probationer has an opportunity to refute them
- revocation sentencing, during which a judge decides what to do with the probationer convicted of violating the terms of probation
