Crim Just Exam 5 Study Set Flashcards

1
Q

Probation

A

suspended sentence

-prison term delayed while the defendant undergoes a period of community treatment
DEFINITION

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2
Q

Who was the beginning of probation traced back to?

A

John Augustus

-Boston shoemaker

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3
Q

What state was the first to appoint paid probation officers?

A

Massachusetts

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4
Q

Who was the modern idea of probation credited to?

A

John Augustus

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5
Q

Judicial Reprieve

A

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.

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6
Q

Recognizance

A

allowed convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior

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7
Q

The probation population has been growing for about ___ years.

A

30 years

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8
Q

In the past ___ years there has been a actual decrease in the population of probation.

A

5 years

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9
Q

Specialized Probation

A

when teams of probation officers take on clients convicted of one specific type of crime

-drug offenses

-domestic violence

-DUI

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10
Q

Conditions of Probation

A

judge has broad discretion in setting the terms of probation.

Legal violation.

-Committing another crime

Technical violation

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11
Q

Intake

A

when a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings

Risk Classification

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12
Q

Diagnosis

A

assessment of probationer’s character, attitude, and behavior in order too determine the best possible treatment

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13
Q

Risk Classification

A

assessment of the threat level probationer’s pose to the community and themselves

  • employment status, age, drug abuse history, prior felony convictions.
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14
Q

Presentence Investigation

A

judge uses to formulate a proper and effective sentence

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15
Q

United States v. Knights

A

supreme court upheld the warrantless search of a probationer’s home for the purpose of gathering criminal information.

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16
Q

Minnesota v. Murphy

A

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.

17
Q

United States v. Granderson

A

clarified what can happen to a probationer whose community sentence is revoked

18
Q

What percent of probationer’s successfully complete their probationary sentences?

A

65%

19
Q

Level of Services-Revised (LSI-R)

A

advertised standardized tests most widely used to predict failure and assignment treatment for probationers

20
Q

Most revocations of probation occur during the first what months because of technical issues?

A

3 months

21
Q

What is the most well known private probation program company in Missouri?

A

The Private Probation Services

22
Q

Intermediate Sanctions

A

punishments that fall between probation and prison and prison and are primarily community based/administered by probation departments

23
Q

Advantages of Intermediate Sanctions

A
  • cost benefit
  • equitable community sentences
  • Increased control
  • reduced overcrowding
24
Q

Tate v. Short (1971)

A

recognized that incarcerating individuals who could not pay fines discriminates against the poor.

25
Q

Fines are mostly used in cases involving what?

A

misdemeanors

26
Q

Fine

A

levying a money payment on offenders to compensate society for their misdeeds.

27
Q

Day Fees

A

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
28
Q

Public Intoxication is most likely to end in a what?

A

a fine as a sentence

29
Q

Fines are commonly used where?

A

Europe

30
Q

Forfeiture

A

taking of personal property by the state as a civil or criminal penalty.

-reintroduced under the Racketeer Influenced and Corrupt Organization Act (RICO)

31
Q

Restitution

A

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