Crim Just Exam 5 Study Set Flashcards
Probation
suspended sentence
-prison term delayed while the defendant undergoes a period of community treatment
DEFINITION
Who was the beginning of probation traced back to?
John Augustus
-Boston shoemaker
What state was the first to appoint paid probation officers?
Massachusetts
Who was the modern idea of probation credited to?
John Augustus
Judicial Reprieve
a common law practice which allows judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence or demonstrate that they had reformed their behavior.
Recognizance
allowed convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior
The probation population has been growing for about ___ years.
30 years
In the past ___ years there has been a actual decrease in the population of probation.
5 years
Specialized Probation
when teams of probation officers take on clients convicted of one specific type of crime
-drug offenses
-domestic violence
-DUI
Conditions of Probation
judge has broad discretion in setting the terms of probation.
Legal violation.
-Committing another crime
Technical violation
Intake
when a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings
Risk Classification
Diagnosis
assessment of probationer’s character, attitude, and behavior in order too determine the best possible treatment
Risk Classification
assessment of the threat level probationer’s pose to the community and themselves
- employment status, age, drug abuse history, prior felony convictions.
Presentence Investigation
judge uses to formulate a proper and effective sentence
United States v. Knights
supreme court upheld the warrantless search of a probationer’s home for the purpose of gathering criminal information.
Minnesota v. Murphy
probation officer-client relationship is not confidential and that if a crime is admitted to a probation officer the information can be passed onto the police.
United States v. Granderson
clarified what can happen to a probationer whose community sentence is revoked
What percent of probationer’s successfully complete their probationary sentences?
65%
Level of Services-Revised (LSI-R)
advertised standardized tests most widely used to predict failure and assignment treatment for probationers
Most revocations of probation occur during the first what months because of technical issues?
3 months
What is the most well known private probation program company in Missouri?
The Private Probation Services
Intermediate Sanctions
punishments that fall between probation and prison and prison and are primarily community based/administered by probation departments
Advantages of Intermediate Sanctions
- cost benefit
- equitable community sentences
- Increased control
- reduced overcrowding
Tate v. Short (1971)
recognized that incarcerating individuals who could not pay fines discriminates against the poor.
Fines are mostly used in cases involving what?
misdemeanors
Fine
levying a money payment on offenders to compensate society for their misdeeds.
Day Fees
a program requiring probationers to pay in part for the costs of theirtreatment
- not a part of intermediate sanctions
- not used in felony cases involving financial harm
Public Intoxication is most likely to end in a what?
a fine as a sentence
Fines are commonly used where?
Europe
Forfeiture
taking of personal property by the state as a civil or criminal penalty.
-reintroduced under the Racketeer Influenced and Corrupt Organization Act (RICO)
Restitution
condition of probation in which the offender repays society or the victim of the crime for the trouble caused by the offender.
- involves wealthy offenders
- judge can issue order in where offender can get low paying job and use income as means of payment
