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Law > Chapter 14 > Flashcards

Chapter 14 Flashcards

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1
Q

Because of the 4th amendment does somebody have the right to refuse a drug test while on probation?

A

Probationers do not have the right to refuse a drug test while on probation even if it is not a mandatory condition of their probation and they were not convicted of a drug related offense that would justify them being tested randomly.

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2
Q

Community corrections operate under the assumption that criminal behavior can be changed, true or false?

A

True

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3
Q

Do those on probation have constitutional rights?

A

Those on probation do still have their constitutional rights, however they are more limited than they would be if they weren’t.

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4
Q

Can the revocation of probation result in incarceration?

A

Yes

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5
Q

Can fines be adjusted based on a person’s wealth?

A

No, but some states are testing day-fines.

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6
Q

Can all victims expect restitution from offenders that harm them?

A

Not all victims can expect restitution because not all offenders have the money needed to pay it.

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7
Q

Which branch of government administers forfeitures?

A

The Judicial branch

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8
Q

Where do these forfeitures go?

A

These forfeitures can go to a number of places including the federal government, the local police departments budget, however in some cases the forfeitures are reimbursed to the victims for their losses.

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9
Q

Did the US Supreme Court rule that home confinement was a violation of the right to privacy?

A

No

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10
Q

Is it possible that in some states offenders serving community service get paid for it?

A

No

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11
Q

When given the choice many offenders will choose prison over intensive supervision probation?

A

True, as they would rather serve a short prison sentence with ⅓ of prisoners in Oregon choosing prison and 15% of prisoners withdrawing their applications once they learned the conditions of it

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12
Q

Do boot camp programs provide aftercare, to transition them back into the community?

A

Very few offenders who leave boot camps receive after care, so no most boot camps don’t.

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13
Q

Do community correction programs need adequate resources to be successful?

A

Yes

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14
Q

What are boot camps?

A

Boot camps are short-term institutional sentences, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority.

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15
Q

What costs more community supervision or incarceration?

A

Incarceration costs more than community supervision.

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16
Q

What are intermediate sanctions?

A

Intermediate sanctions are sanctions that restrict an offender more than traditional probation but are less costly and less severe than incarceration.

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17
Q

Are today’s crimes and criminal records of today’s offenders worse than offenders in the past?

A

Yes

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18
Q

Know what is meant by recidivism rate

A

Recidivism rates are the amount of offenders that return to criminal behavior and end up reconvicted, arrested, or returned to prison with or without a new sentence.

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19
Q

Are they more likely to get community corrections for a felony, serious offense, or a minor offense.

A

A minor offense

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20
Q

Know community corrections

A

Community corrections is when an offender is punished without incarceration in the community or to supervise them once they leave prison. It does this to help them find jobs, homes, rebuild family ties, and find stability.

21
Q

Goal of community corrections

A

to find the least restrictive alternative to punishing an offender that will be severe enough to protect the community, and satisfy the public.

22
Q

Home confinement, what is it?

A

Home confinement is a sentence requiring that the offender remains inside of their home during specific periods, some are allowed to leave to go to work or school or grocery shopping, but must be back at a specific time and will have strict curfews with specific check in times

23
Q

Is home confinement more expensive than incarceration?

A

No, it is cheaper.

24
Q

Who was the first probation officer?

A

John Augustus a Boston bootmaker

25
Q

Know the difference between parole or probation

A

Parole is the conditional release of an offender from incarceration into supervision in the community after they have served part of their sentence in jail. Probation is when an offender is a sentenced served in the community under supervision with no time incarcerated before hand.

26
Q

What would cause an offender’s probation to be revoked?

A

An arrest for a new offense or technical violation of the conditions of their probation that were set by the judge, or failing a drug test.

27
Q

The most likely punishment for a misdemeanor traffic violation?

A

Fines

28
Q

What branch of government administers the intermediate sanctions or fines, restitution, and forfeiture?

A

The judiciary

29
Q

Know what restitution means

A

Restitution is repayment in the form of money or service by an offender to a victim who has suffered some loss from the offense.

30
Q

Know what forfeiture means

A

Forfeiture is the government seizure of property and other assets derived from or used in criminal activity.

31
Q

Know what reparations are

A

Reparations is restoring something to good condition that has been damaged, it is similar to restitution, but it seeks to make amends for a wrong that one has done by paying money or otherwise helping who they wronged.

32
Q

Who is the primary administrator of intensive probation supervision?

A

The community

33
Q

What can be considered community service, what does community service involve?

A

Community service is a service requiring the offender to perform a certain amount of unpaid labor in the community, this can include picking up trash, educating offenders, teaching a literacy class, assisting social service agencies, cleaning parks, and helping the poor.

34
Q

ISP, what is it?

A

ISP, intensive supervision probation, is probation granted under the conditions of strict reporting to a probation officer with a limited caseload.

35
Q

Home confinement definition, where and what offenders can do?

A

Home confinement is a sentence requiring the offender to remain inside their home during specific periods. They are allowed to go to work, school, or treatment during the day, as well as basics like grocery shopping and medical reasons, but must return home by a specific hour, unless they are in the hospital or something.

36
Q

A probation officer who has one of its clients violate probation, what would that be considered(what type of violation)?

A

Technical violation

37
Q

Recidivism

A

a return to criminal behavior

38
Q

Community Justice

A

A model of justice that emphasizes reparations to the victim and the community, approaching crime from a problem-solving perspective, and citizen involvement in crime prevention.

39
Q

Technical violation

A

the probationer’s failure to abide by the rules and conditions of probation (set by the judge), resulting in revocation of probation.

40
Q

Fine-

A

A sum of money to be paid to the government by a convicted person as a punishment for an offense.

41
Q

Restitution

A

Repayment- in the form of money or service- by an offender to a victim who has suffered some loss from the offense

42
Q

Forfeiture

A

Government seizure of property and other assets derived from or used in criminal activity.

43
Q

Home Confinement

A

A sentence requiring the offender to remain inside his or her home during specified periods.

44
Q

Community Service

A

A sentence requiring the offender to perform a certain amount of unpaid labor in the community.

45
Q

Day Reporting Center

A

A community corrections center where an offender reports each day to comply with elements of a sentence.

46
Q

Intensive Supervision Probation(ISP)

A

Probation granted under conditions of strict reporting to a probation officer with a limited caseload.

47
Q

Boot Camp

A

A short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration.

48
Q

Net Widening

A

Process in which new sentencing options increase instead of reduce control over offenders’ lives

Law (32 decks)

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