Exam 1 Flashcards
Identify the 4 Primary Components of American Corrections
Jail
Probation
Parole
Prison
DEFINE CORRECTIONS
Any set of agencies created to CONTROL the behavior of PEOPE ACCUSED or CONVICTED OF A CRIME. Probation Prison Jail and Parole
Identify the main Institutions of Social Control
Family Peers Employers Marriage Religion Military
Define Social Control
Social control is ANY set of methods DESIGNED to ENCOURAGE OR FORCE people to OBEY NORMS.
Identify the primary institution and the institution of last resort
Primary: Family
Last: CJS
Describe positivism in detail.
Positive school focuses in the offender. Examines and understands offenders social behavior. Offenders must be treated and rehabilitated.
Describe the findings of MEMPHA V RHEY
1967 gave probationers the right to counsel.
Mempa v RHEY: 3 new rules allowed.
- Marshaling facts: lawyer gathers facts and info
- Intro. Evidence if mitigating circumstances: make situation less serious with evidence
- Assisting in presenting probationers case: lawyer speaks. You shut up.
Morissey v Brewer case:
1972: Because of loss of liberty is a potential outcome of violation proceedings , probationers are allowed to certain due process rights.
Morrissey v brewer: 2 new rules!
1- preliminary hearing: probably cause: good enough reason to have a second hearing
2- Revocation hearing: final hearing
Gagnon v scarpelli:
1973- due process expanded. Still at loss of liberty.
Gagnon v scarpelli: 4 new rules!
1- written notice f alleged violations, right to have this in writing to prepare your offense
2-preliminary hearing- probable cause
3- revocation hearing
4- allowed to confront witnesses: cross examination
Identify and describe three examples of standard conditions:
Everyone must check in Can't commit a crime Can't associate with other criminals Must have an address Po allowed to search everything u have access to
Describe the definition : special conditions
UNIQUELY tailored to the individual
Identify and describe 3 examples of special conditions:
Curfew Drug testing No alcohol Sex offenders can't be near a radius Attend special programs Community service
Did probation start in the Middle Ages?
NO
Who was unhappy about harsh punishments in the Middle Ages?
Progressives
Four alternatives for punishment in the Middle Ages:
- Royal pardons paid: a fine
- Benefit of clergy: ask for forgiveness
- Judges suspend punishment die to good behavior
- Watch yourself, on your own
John Augustus known as?
The father of modern probation
Who was John Augustus?
Wealthy business man
Member of Washington total abstinence society
What did John Augustus do?
1841: bailed a drunk, cleaned him up, have him a job, returns to court w offender and improvement was made
When and where was probation adopted?
1878: Massachusetts , first created for juveniles
Identify the three theories of probation:
Conditional privilege
Contract theory
Custody theory
Describe Conditional privilege:
Probation is an act of mercy by the judge but can be taken away
Describe contract theory
Probationer agrees to certain terms IN EXCHANGE for conditional liberty
Describe custody theory
Probationers are in legal custody. Not totally free. ABRIDGES AND DIMINISHED CONSTITUTIONAL RIGHTS
Identify and describe the 4 plus 1 basic purposes of a PSI report:
- Helps judge decide the most appropriate disposition: probation or incarceration
- If you get probation, PO identifies your problems in their life
- Jail staff determines ur treatment needs
- pOs decide if parole is appropriate for you .
+1. Determines financial consion of defendant. Ability to pay probation fees
Identify the TWO main sources of info. Used in a PSI
1: people- interviews
2: documents: review records
Identify Interviews in PSI reports. What information can we obtain ?
Most information obtained from an interview:
Asks questions for defendant.
Must ask well to get accurate info.
Describe Documents in a psi report. Why use documents?
To CONFIRM AND CLARIFY information obtained in interviews. Clear up discrepancies.
Previous RAP SHEETS.
There might be a previous PSI in records.
What is a rap sheet?
Criminal history, previous arrests, charges, basic info, court details.
Sources of info for PSI reports
Rap sheet Psi records Corrections records Educational records : transcript etc. Treatment program records Medical records
Who is the main group considered appropriate for probation?
Drug offenders
Describe in detail why drug offenders is considered an appropriate target for probation
Drug abuse is a complex issue that requires comprehensive solution.
The justice system Most important gateway to treatment delivery.
Cost is beneficial.
Greater length of time in treatment, greater reduction in crime
What are the 5 characteristics of COGNITIVE IMPAIRED PEOPLE:
- Impulsive
- Powerlessness
- Conceptual rigidity
- Low critical reasoning ability
- Advice, warnings and punishment has little effect
Describe what a cognitive strategy consists of: EASY METHOD.
Stop and think
Think of consequences
Analyze ways of responding
Consider impact behaviors on others
