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1. As compared with jail and prison sentences for drug-related crimes, community-based drug programs have shown:
a.
More recidivism.
b.
Less recidivism.
c.
More violence among participants.
d.
No difference.
2. The common-law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon
or demonstrate that they had reformed their behavior was known as:
a.
Recognizance.
b.
Judicial reprieve.
c.
Judicial waiver.
d.
Revocation.
3. The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further
criminal behavior was known as:
a.
Judicial waiver.
b.
Recognizance.
c.
Revocation.
d.
Judicial reprieve.
4. The modern idea of probation is credited to:
a.
Lawrence Driscoll.
b.
John Augustus.
c.
John Howard.
d.
Zebulon Brockway.
5. The first state in the United States to legislate probation and appoint paid probation officers was:
a.
Pennsylvania.
b.
Missouri.
c.
Massachusetts.
d.
New York.
6. A prison term that is delayed while the defendant undergoes a period of community treatment is called:
a.
Delayed treatment.
b.
Presentencing diversion.
c.
Suspended sentence.
d.
Community treatment diversion sentence.
7. Which of the following is the process in which a probation officer settles cases at the initial appearance before the onset
of formal criminal proceedings?
a.
Presentence diversion
b.
Intake
c.
Classification
d.
Declassification
8. The accumulation of important information on the background and activities of an offender being considered for
probation is called:
a.
Probation narrative.
b.
Presentence investigation.
c.
Presentence examination.
d.
Probationary review.
9. Which of the following is the assessment of the threat level probationers pose to the community and themselves?
a.
Risk classification
b.
Recognizance
c.
Probationary taxonomy
d.
Intermediate sanctions
10. One of the most widely advertised standardized tests used to predict failure and assigned treatment for probationers is:
a.
Level of Service-Revised (LSI-R).
b.
Wechsler Primary Scale of Probation (WPSP).
c.
Conflict Tactics Scale (CTS).
d.
Minnesota Multiphasic Personality Inventory (MMPI).
11. Which case ruled that 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.
a.
McKenzie v. Fahey
b.
Garrett v. Miller
c.
Minnesota v. Murphy
d.
Griffin v. Wisconsin
12. The Oklahoma Department of Corrections is testing a GPS-based monitoring system that uses GIS (geographic
information system) to better assess an offender’s location. This is known as:
a.
GeoShadow.
b.
Geocaching.
c.
Graphic Inmate Reception.
d.
Oklahoma Geographic Inmate Location (OGIL).
13. The significance of the case of United States v. Granderson (1994) is that it clarified:
a.
What can happen to a probationer whose community sentence is revoked.
b.
The minimum and maximum sentence lengths for probation.
c.
That probation cannot be revoked due to the inability to pay one’s fines.
d.
When counsel is mandated for a revocation hearing.
14. National data indicate that what percentage of probationers successfully complete their probationary sentences?
a.
30
b.
53
c.
65
d.
75
15. Which is the group of punishments that falls between probation and prison and is primarily community-based and
usually administered by probation departments?
a.
Intermediate sanctions
b.
Community probation resource programs
c.
Hot spot probation
d.
Transitional sentencing
16. The case of Tate v. Short (1971) recognized that:
a.
Incarcerating individuals who could not pay fines discriminates against the poor.
b.
Incarcerating individuals who violate probation for a misdemeanor offense violates the Eighth Amendment
with regard to cruel and unusual punishment.
c.
Restitution can only be used in cases which a felony was not the primary offense of the accused.
d.
Community service restitution is unlawful for individuals who can afford to pay day fines.
17. Levying a money payment on offenders to compensate society for their misdeeds is called a(n):
a.
Fine.
b.
Tariff.
c.
Impose charge.
d.
Duty tax.
18. Which of the following crimes would most likely end in a sentence of a fine only?
a.
Murder
b.
Burglary
c.
Public intoxication
d.
Assault
19. Which of the following is a condition of probation in which the offender repays society or the victim of the crime for
the trouble caused by the offender?
a.
Family circle sentencing
b.
Restitution
c.
Restoration
d.
Forfeiture
20. Which of the following is the practice that requires convicted criminals to spend a portion of their sentence behind
bars and the remainder in the community?
a.
Community probation.
b.
Split sentencing.
c.
Surprise sentencing.
d.
Electronic monitoring.
21. One effect of California’s Substance Abuse and Crime Prevention Act, which allows offenders to participate in
community-based drug programs, has been that:
a.
Clients were nearly 50% less likely to be rearrested for a drug crime.
b.
Clients were likely to be rearrested for a drug crime.
c.
These programs have nearly 100% success rates for nonviolent offenders.
d.
There is no indication that these community-based programs are linked to recidivism at all.
22. The main goal of restitution is to:
a.
Pay back the victim.
b.
Specifically deter the criminal.
c.
Create smaller caseloads.
d.
Shock the inmate.
23. Which of the following is a view of the criminal justice system that focuses on crime as an act against the community
rather than against the state?
a.
Restitution
b.
Probation
c.
Parole
d.
Restorative justice
24. The intended goal of restorative justice is to:
a.
Repair injuries suffered by the victim and the community.
b.
Ensure reintegration of the offender into the community.
c.
Repair injuries suffered by the victim and the community and ensure reintegration of the offender into the
community.
d.
Reduce prison crowding and the administrative costs of probation.
25. Which of the following is a type of sentencing in which all parties, victims, offenders, community, and family
members participate in an effort to devise fair and reasonable sanctions aimed at reintegration of the offender into the
community?
a.
Family group counseling
b.
Sentencing circles
c.
Victim–offender mediation
d.
Restorative counseling
26. Which of the following is not a benefit of community sentencing that includes probation?
a.
Less costly than jail or prison
b.
Helps the offender maintain family and community ties
c.
Acts as a means of general deterrence
d.
Gives offenders a “second chance”
27. Johnny is convicted of possession of a controlled substance and sentenced to probation. Johnny’s case is assigned to
Probation Officer Simmons. In assessing Johnny’s case, Simmons first collects as much information about Johnny’s
background and activities as she can to help determine the terms of Johnny’s probation. This process is known as what?
a.
Diagnosis
b.
Risk classification
c.
Presentence investigation
d.
Treatment supervision
28. In the next phase, Officer Simmons interviews Johnny and assesses his character, attitude, and behavior in order to
determine the best possible treatment. This process is known as what?
a.
Diagnosis
b.
Risk classification
c.
Presentence investigation
d.
Treatment supervision
29. Officer Simmons believes that Johnny has a drug problem. She recommends that he attend in-patient counseling in a
drug rehabilitation facility and be subject to frequent, unannounced urine analysis as part of his probation. This process is
known as what?
a.
Diagnosis
b.
Risk classification
c.
Presentence investigation
d.
Treatment supervision
30. In the final phase, Officer Simmons assesses the amount of danger that Johnny poses to the community. This process
is known as what?
a.
Diagnosis
b.
Risk classification
c.
Presentence investigation
d.
Treatment supervision
31. Which of the following is not a goal of Intensive Probation Supervision (IPS) programs?
a.
Decarceration
b.
Reintegration
c.
Control
d.
Restoration
CASE 12.1
John Lewis is a 28-year-old married man with one child who was laid off from his job as a coal miner and
was recently arrested for possession of drugs in rural West Virginia. His attorney made it known during
the court process that Mr. Lewis’s arrest for prescription pain drugs without a valid prescription
stemmed from an injury he sustained years ago on the job. Given this information, answer the follow
questions:
32. After being given a report by the probation department called a ________________, the judge discovers that Mr.
Lewis’s claims are valid, that he is not a flight risk or a danger to society, and that he has educational and job experience
that warrant probation.
a.
Presentence investigation
b.
Intake report
c.
Sentence disposition
d.
Sentencing report
33. After entering into the probation system, Mr. Lewis’s danger to the community was assessed in a process called a(n):
a.
Presentence report.
b.
Risk assessment.
c.
Risk classification.
d.
Intake.
34. While on probation, Mr. Lewis confides in his probation officer that he has illegally purchased pain medications from
a neighbor. The probation officer reports this to police. If taken to trial, the actions of the probation will be upheld because
of the findings in the case of:
a.
Burger v. Wisconsin.
b.
Minnesota v. Murphy.
c.
Upshaw v. Zabriskie.
d.
Sancomb v. Crutchfield.
CASE 12.2
Gloria Karli, a secretary and single mother of three with no prior arrests, was arrested for larceny and
vandalism when she stole $700 worth of jewelry from a coworker’s house and slashed the coworker’s
tires in retaliation for comments made to Gloria’s supervisor about missing work for unexcused reasons.
Given this information, answer the following questions:
35. Given Ms. Karli’s noncriminal past, the judge orders the offender into a program that sentences her to ten days in jail,
followed by six months of probation. This is called:
a.
Shock probation.
b.
Day fines.
c.
Restitution.
d.
Family circle sentencing.
36. After the completion of her jail sentence Gloria is released, but three days into her probation she is found to have
harassed and threatened the victim of the prior offense. Which type of hearing of is scheduled in order to address the new
charges?
a.
Revocation
b.
Restitution
c.
Retraction
d.
Probation repeal
37. Having failed on probation, Ms. Karli served the remainder of her sentence in jail. Her family argued that
___________________, a view that focuses on crime as an act against the community rather than the state and brings all
parties together to address the root of the problem would have been more effective.
a.
Community day reporting
b.
Residential community corrections
c.
Restorative justice
d.
Work release
CASE 12.3
Robert Land is arrested for driving under the influence following a celebration of his brother’s election
as mayor of a small town in South Carolina. Robert has no prior arrests and is 24 years old. Given this
information, answer the following questions:
38. Given Mr. Land’s noncriminal past, the judge sentences Robert to nine months in jail but gives him which type of
sentence upon completion of a substance abuse program and no further criminal activity?
a.
Retroactive
b.
Proactive
c.
Suspended
d.
Postconviction
39. The prosecutor in Mr. Land’s case asked the judge if Robert could be given which form of intermediate sanction that
requires the convicted offender to spend a designated amount of time per week in his home to reduce temptations of
drinking?
a.
Electronic supervision
b.
House arrest
c.
Community supervision
d.
Intensive supervision
40. Because of Mr. Land’s noncriminal past, it is likely his case could be an option for which process in which a probation
officer settles cases at the initial appearance before the onset of formal criminal proceedings?
a.
Probation diversion
b.
An intake hearing
c.
A presentence investigation
d.
Habeas corpus
41. John Howard was a leading reformer of probation in the United States.
a.
True
b.
False
42. After growing significantly for three decades, there has been an actual decrease in the probation population during the
past five years.
a.
True
b.
False
43. If a probationer violates his or her probation by committing another crime, this is referred to as a legal violation.
a.
True
b.
False
44. Presentence investigations are not allowed to include information on age or race, as these demographics can create
bias in sentencing.
a.
True
b.
False
45. In the case of United States v. Knights, the U.S. Supreme Court upheld the warrantless search of a probationer’s home
for the purpose of gathering criminal information.
a.
True
b.
False
46. Day fees require probationers to pay for part of the cost of their treatment.
a.
True
b.
False
47. One of the largest and most well-known private probation programs is The Private Probation Services company in
Missouri.
a.
True
b.
False
48. Intermediate sanctions are no longer used in over forty states because of the cost and ineffectiveness of the programs.
a.
True
b.
False
49. In the United States, fines are most commonly used in cases involving misdemeanors.
a.
True
b.
False
50. Fines are still commonly used in Europe, where they are often the sole penalty, even in cases involving chronic
offenders who commit fairly serious crimes.
a.
True
b.
False
51. Restitution programs must include monetary fines to the victim and cannot be used in conjunction with community
service programs.
a.
True
b.
False
52. Restorative justice is aimed at bringing all members of the offense together, including victims, offender, families,
community, and law enforcement.
a.
True
b.
False
53. The idea of sentencing circles originated following the Civil Rights Movement of the 1960s.
a.
True
b.
False
54. Victim–offender mediation programs are used worldwide and in the United States are often employed in schools.
a.
True
b.
False
55. The genesis of probation in the United States can be traced back to the efforts of John Augustus in Boston.
a.
True
b.
False
56. Judges have broad discretion in setting the terms of probation.
a.
True
b.
False
57. In the case of Griffin v. Wisconsin (1987), the U.S. Supreme Court held that it was legal for probation officers to use
trickery and deception to find out whether probationers under their care were engaging in illegal activities.
a.
True
b.
False
58. Case law has established that probationers are entitled to be represented by counsel during probation revocation
hearings.
a.
True
b.
False
59. Most revocations of probation occur during the first 3 months, because of technical violations.
a.
True
b.
False
60. In a classic study, Petersilia et al. found that 65% of convicted felon probationers were not rearrested.
a.
True
b.
False
61. The legal concept of forfeiture was reintroduced under the Racketeer Influenced and Corrupt Organization (RICO)
Act.
a.
True
b.
False
62. In restitution situations involving wealthy offenders, the judge can issue an order stipulating that the offender must get
a low-paying public job and use the income as a means of payment.
a.
True
b.
False
63. Restitution has been shown to reduce recidivism.
a.
True
b.
False
64. ____________ is a sentence entailing the conditional release of a convicted offender into the community under the
supervision of the courts; it is subject to certain conditions.
65. The common-law practice of __________________ allowed judges to suspend punishment so that convicted offenders
could seek a pardon, gather new evidence, or demonstrate reformed behavior.
66. The medieval practice of ________________ allowed for convicted offenders to go unpunished if they agreed to
refrain from any further criminal behavior.
67. _______________ is usually credited with originating the modern probation concept beginning in Boston in the
1840s.
68. The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal
proceedings is known as____________________.
69. A report performed by a probation officer attached to a trial court after the conviction of a defendant is called a
_________________.
70. As assessment of the threat level probationers pose to the public is called a _________________.
71. In _______________________, the Court ruled that the probation officer–offender relationship is not confidential, as
compared with that of an attorney–client or doctor–patient.
72. At least twenty-five states now impose a fee on probationers to offset the cost of their probation; this is known as
____________________.
73. A group of punishments known as ______________________ fall between probation and prison and involve
community-based sanctions such as house arrest and intensive supervision.
74. The RICO Act and the ___________________________ help reintroduce forfeiture back into U.S. law.
75. ________________ are used as a step down in security for jail or prison inmates and a step up for probationers who
have failed community sanctions, and involve nonresidential community-based treatment programs.
76. A(n) _______________is a type of sentencing in which victims, family members, community members, and the
offender participate in an effort to devise fair and reasonable sanctions.
77. _____________________________ occurs when the terms of probation are violated and an offender is sent to prison.
78. Under _____________________, or focused, probation, teams of probation officers take on clients convicted of one
type of crime (e.g., drug offenses) so as to provide a higher quality of treatment.
79. Some jurisdictions have experimented with _____________________ punishment, a method designed to reduce
parole violations in which probationers are incarcerated within hours of a parole violation.
80. Intensive probation supervision, house arrest, electronic monitoring, and restitution orders are examples of
________________________.
81. A ________________________ is a monetary payment made by the defendant as a punishment.
82. Civil and criminal _________________________ involve the seizure of goods or instruments related to the
commission or outcome of a criminal act.
83. A ______________________ sentence is one in which an offender serves a short stint in prison before being released
on probation to make them fear incarceration.
84. Under ___________________ programs, offenders are free to go to work and school during the day but must return to
the center at night.
85. Explain the concept of probation. In your explanation of probation, include the history of community sentencing.
86. Discuss the conditions of probation. In your discussion include the process of revocation.
87. Describe the duties of a probation officer.
88. Discuss the legal rights of probationers. In your discussion, give examples of three court cases that shaped the legal
rights of probationers in the United States.
89. How successful is probation? In your discussion, provide details on the future of probation in the United States.
90. Discuss privatized probation. What are the many activities private probation companies will provide for a fee?
91. Define intermediate sanctions and provide an explanation of the advantages of intermediate sanctions for the criminal
justice system and offender.
92. List and describe at least four forms of intermediate sanctions used in the United States. Which is the most effective
and why?
93. Define restorative justice. In doing so, list and describe several of the restorative justice programs and explain when
and how they are applied in the United States.
94. Explain what research has shown with regard to the effectiveness of Intensive Probation Supervision (IPS).
95. Invent an imaginary criminal and crime and explain in your own words how a restorative justice approach may be
used as a means of rehabilitation for your offender.
