Chapter 2 pt. 2

Question 1

What are the positives to having prob./paro. being controlled by the Judicial branch?

Answer 1

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

Question 2

What are the negatives to having prob./paro. being controlled by the Judicial branch?

Answer 2

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

Question 3

What are the positives to having prob./paro. being controlled by the Executive branch?

Answer 3

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

Question 4

Most states have ________ _________ on who may be granted probation in felony cases

Answer 4

statutory restrictions

Question 5

When granting probation, states tend to consider the _____ ______, not the ________

Answer 5

crime itself

context

Question 6

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)

Answer 6

3) The negative effects of confinement are avoided

Question 7

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

Answer 7

1) The liberty of the individual is maximized by such a sentence

Question 8

The ABA concluded:

1) The liberty of the individual is maximized by such a sentence
2)
3) The negative effects of confinement are avoided

Answer 8

2) The rehabiliation of the offender is promoted affirmatively by continuing normal community factors

Question 9

The #1 determinant factor of a juvenile becoming an offender is if?

Answer 9

A family member is already incarcerated

Question 10

How are female offenders doubly punished?

Answer 10

While incarcerated, unless they’re able to find another family member to watch their children, they get their children taken away

Question 11

Most female offenders are ______ _______

Answer 11

single mothers

Question 12

Probation minimizes the impact on ________ __________ of the offender

Answer 12

innocent dependent

Question 13

Under ABA conditions, when granting probation you should consider?

Answer 13

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

Question 14

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)

Answer 14

10) Requiring the probationer to submit to search and seizure/ drug testing

Question 15

True or False: Juveniles and adults both have to pay a fine

Answer 15

False; Only adults have to pay

Question 16

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

Answer 16

1) Cooperating w/ the program of supervision

Question 17

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

Answer 17

2) Meeting family responsibilities

Question 18

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

Answer 18

5) Undergo medical or psychological treatment

Question 19

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

Answer 19

4) Pursuing educational and vocational training

Question 20

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

Answer 20

3) Maintaining steady employment

Question 21

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

Answer 21

9) Paying fines

Question 22

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

Answer 22

7) Refraining from consorting with certain types of people or frequenting certain places

Question 23

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

Answer 23

6) Maintaining residence

Question 24

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

Answer 24

8) Making restitution payments

Question 25

What are the 2 types of violations to probation?

Answer 25

1) Technical

2) New Offense

Question 26

Which type of violation to probation (VOP) is this: moving to a new address

Answer 26

Technical

Question 27

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

Answer 27

New Offense

Question 28

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

Answer 28

may have an attorney present

Question 29

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

Answer 29

revocation process

Question 30

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

Answer 30

preliminary hearing or probable cause hearing

Question 31

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

Answer 31

judge determines if there is probable cause to believe that probation was violated

Question 32

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

Answer 32

probationer can testify and present witnesses

Question 33

What is conditional privilege?

Answer 33

probation can be withdrawn if any condition of the privilege is violated

Question 34

What is contract theory?

Answer 34

probationer is required to sign a contract to be on probation

Question 35

What is custody theory?

Answer 35

probationer is under the legal custody of the court and can be sent to prison for violating conditions

Question 36

Is Nevada a condtional privilege, contract theory, or custody theory?

Answer 36

contract theory

Question 37

________ theory is used more for drug offenses

Answer 37

Custody