Chapter 2 pt. 2 Flashcards
What are the positives to having prob./paro. being controlled by the Judicial branch?
1) Responsive to the Courts
2) Relationship between PO and Courts
3) Courts awareness of the agencies needs
4) Judges increase confidence in their agency
5) Risk of being lower priority due to being a state-wide agency (Department of Corrections)
6) Higher Accessibility
7) Gets judges more involved in individual cases
What are the negatives to having prob./paro. being controlled by the Judicial branch?
1) Judges not equipped for probation
2) Lower priority
3) PO assigned to non-probation duties
4) Courts are regulative; not service-oriented bodies
5) Courts may look interest in social service function
6) Human Bias
7) Prior probation/parole officer, because of a close relationship they have with judges
What are the positives to having prob./paro. being controlled by the Executive branch?
1) All human service agencies in this branch
2) All correctional subsystems
3) Budgeting
4) A coordinated continuum of services to offenders and better use of probation personnel are facilitated
5) Have large accounts of money
Most states have ________ _________ on who may be granted probation in felony cases
statutory restrictions
When granting probation, states tend to consider the _____ ______, not the ________
crime itself
context
The ABA concluded:
1) The liberty of the individual is maximized by such a sentence
2) The rehabiliation of the offender is promoted affirmatively by continuing normal community factors
3)
3) The negative effects of confinement are avoided
The ABA concluded:
1)
2) The rehabiliation of the offender is promoted affirmatively by continuing normal community factors
3) The negative effects of confinement are avoided
1) The liberty of the individual is maximized by such a sentence
The ABA concluded:
1) The liberty of the individual is maximized by such a sentence
2)
3) The negative effects of confinement are avoided
2) The rehabiliation of the offender is promoted affirmatively by continuing normal community factors
The #1 determinant factor of a juvenile becoming an offender is if?
A family member is already incarcerated
How are female offenders doubly punished?
While incarcerated, unless they’re able to find another family member to watch their children, they get their children taken away
Most female offenders are ______ _______
single mothers
Probation minimizes the impact on ________ __________ of the offender
innocent dependent
Under ABA conditions, when granting probation you should consider?
1) When it is necessary to protect the public from further criminal activity
2) When the offender is in need of correctional treatment
3) When the seriousness of the offense would be uduly depreciated if a sentence of probation were imposed
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10)
10) Requiring the probationer to submit to search and seizure/ drug testing
True or False: Juveniles and adults both have to pay a fine
False; Only adults have to pay
The conditions (aka terms) of probation:
1)
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
1) Cooperating w/ the program of supervision
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2)
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
2) Meeting family responsibilities
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5)
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
5) Undergo medical or psychological treatment
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4)
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
4) Pursuing educational and vocational training
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3)
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
3) Maintaining steady employment
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9)
10) Requiring the probationer to submit to search and seizure/ drug testing
9) Paying fines
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7)
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
7) Refraining from consorting with certain types of people or frequenting certain places
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6)
7) Refraining from consorting with certain types of people or frequenting certain places
8) Making restitution payments
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
6) Maintaining residence
The conditions (aka terms) of probation:
1) Cooperating w/ the program of supervision
2) Meeting family responsibilities
3) Maintaining steady employment
4) Pursuing educational and vocational training
5) Undergo medical or psychological treatment
6) Maintaining residence
7) Refraining from consorting with certain types of people or frequenting certain places
8)
9) Paying fines
10) Requiring the probationer to submit to search and seizure/ drug testing
8) Making restitution payments
What are the 2 types of violations to probation?
1) Technical
2) New Offense
Which type of violation to probation (VOP) is this: moving to a new address
Technical
Which type of violation to probation (VOP) is this: on probation for a drug crime, but getting arrested for something like theft or domestic violence
New Offense
The process of a VOP:
revocation process —> preliminary hearing or probable cause hearing —> judge determines if there is probable cause to believe that probation was violated —> probationer can testify and present witnesses —> _____ ____ __ ________ ________ —> preponderance of the evidence
may have an attorney present
The process of a VOP:
__________ _________ —> preliminary hearing or probable cause hearing —> judge determines if there is probable cause to believe that probation was violated —> probationer can testify and present witnesses —> may have an attorney present —> preponderance of the evidence
revocation process
The process of a VOP:
revocation process —> _________ _______ __ ________ ______ _______ —> judge determines if there is probable cause to believe that probation was violated —> probationer can testify and present witnesses —> may have an attorney present —> preponderance of the evidence
preliminary hearing or probable cause hearing
The process of a VOP:
revocation process —> preliminary hearing or probable cause hearing —> _____ _________ __ _____ __ ________ ______ __ _________ ____ ________ ___ ________ —> probationer can testify and present witnesses —> may have an attorney present —> preponderance of the evidence
judge determines if there is probable cause to believe that probation was violated
The process of a VOP:
revocation process —> preliminary hearing or probable cause hearing —> judge determines if there is probable cause to believe that probation was violated —> _________ ____ ______ ____ _______ ___________ —> may have an attorney present —> preponderance of the evidence
probationer can testify and present witnesses
What is conditional privilege?
probation can be withdrawn if any condition of the privilege is violated
What is contract theory?
probationer is required to sign a contract to be on probation
What is custody theory?
probationer is under the legal custody of the court and can be sent to prison for violating conditions
Is Nevada a condtional privilege, contract theory, or custody theory?
contract theory
________ theory is used more for drug offenses
Custody
