True / False
1. Probation typically involves the suspension of an offender’s sentence for promise of good behavior in the
community.
a.
True
b.
False
True
What is Probation?
ESCJ.SIEG.17.10.01 – Be familiar with the concept of community sentencing.
Remember
2. Probation rests on the belief that most convicted criminals are neither dangerous nor a menace to society and
can be reformed if given the opportunity.
a.
True
b.
False
True
What is Probation?
ESCJ.SIEG.17.10.01 – Be familiar with the concept of community sentencing.
Remember
3. Judges are generally granted discretion to tailor the restrictions of a probation sentence to fit what they deem
to be the needs of the individual offender.
a.
True
b.
False
True
ESCJ.SIEG.17.10.04 – Be familiar with the rules of probation.
Remember
4. The historic version of probation was termed a judicial reprieve.
a.
True
b.
False
5. A recognizance was a historic practice that enabled convicted offenders to go unpunished if they agreed to refrain from
further criminal behavior; sometimes a surety was required.
a.
True
b.
False
6. The probation officer has little say in the planning of a probationer’s treatment program.
a.
True
b.
False
False
Remember
7. If the rules or conditions of probation are violated, or if the probationer commits another crime, revocation is automatic.
a.
True
b.
False
False
Remember
8. More than half of all cases involve a direct sentence to probation for a fixed period of time.
a.
True
b.
False
True
Remember
9. A suspended sentence is a prison term that is delayed while the defendant undergoes a period of community treatment;
if the treatment is successful, the prison sentence is terminated.
a.
True
b.
False
True
Remember
10. An individual who has committed a serious offense, or who has a prior felony conviction, is never awarded probation.
a.
True
b.
False
False
Remember
11. The sentencing judge has very limited discretion in setting probation conditions.
a.
True
b.
False
Remember
12. Motivational interviewing is used by probation staff as part of the treatment phase to increase probationers’ awareness
of their potential problems.
a.
True
b.
False
True
Remember
13. In Minnesota v. Murphy, the court ruled that the probation officer–client relationship is confidential.
a.
True
b.
False
False
Remember
14. A probationer’s home may be searched without a warrant by a probation officer if the officer suspects criminal
activity.
a.
True
b.
False
True
Remember
15. National data indicate that 60 percent of probationers successfully complete their probationary sentence.
a.
True
b.
False
True
Remember
16. Intermediate sanctions can be scaled in severity to correspond to the seriousness of the crime.
a.
True
b.
False
True
Remember
17. Programs such as house arrest and restitution are examples of community parole.
a.
True
b.
False
False
Remember
18. Restitution ranks lower than probation on the punishment ladder.
a.
True
b.
False
False
Remember
19. Intensive probation supervision (IPS) has been proven effective at reducing reoffending rates.
a.
True
b.
False
False
Remember
20. Some jurisdictions have instituted restorative justice programs called “sentencing circles” as a form of
diversion from the court process.
a.
True
b.
False
False
Remember
21. Split sentencing involves turning part of the justice process into a healing process rather than just a distributor of
revenge and punishment.
a.
True
b.
False
False
Remember
22. Electronic monitoring systems have the ability to limit offender’s movements to appropriate areas.
a.
True
b.
False
True
Remember
23. The biggest problem with intensive supervision probation is high failure rates.
a.
True
b.
False
True
24. Restorative justice programs have been implemented in police departments when the police first encounter a crime.
a.
True
b.
False
True
Remember
25. According to restorative justice, the first priority of justice processes is to assist victims.
a.
True
b.
False
True
Remember
26. What common-law practice allowed judges to suspend punishment so that convicted offenders could seek a
pardon, gather new evidence, or demonstrate that they had reformed their behavior?
a.
Judicial reprieve
b.
Recognizance
c.
Probation
d.
The wergild
27. Probation sentences involve:
a.
a contract between the prison and the offender wherein the offender is released early.
b.
rules or conditions mandated by the prison.
c.
a deserving suspect.
d.
a deserving defendant.
Remember
28. What modern concept is attributed to the nineteenth century volunteer work of John Augustus?
a.
Prison
b.
Parole
c.
Sureties
d.
Probation
29. For misdemeanors, probation usually extends for the entire period of a would-be jail sentence, whereas
felonies are more likely to warrant probationary periods that are ________________ the suspended prison
sentence.
a.
slightly longer than
b.
actually shorter than
c.
much longer than
d.
ineligible for
30. What entity initially sets down the conditions or rules of behavior that must be followed by the probationer?
a.
The court
b.
The correctional authority
c.
The victim’s assistance office
d.
A private, third-party contractor
31. In which phase of probation does motivational interviewing occur?
a.
Presentence investigation
b.
Intake
c.
Diagnosis
d.
Treatment
32. Which of the following is false with regard to probation?
a.
The sentencing judge has broad discretion to set specific probation conditions on a case-by-case
basis.
b.
Probation services are organized uniformly across all states.
c.
A probation officer’s working style is influenced by both personal values and the department’s
policies.
d.
Probation officers are involved in risk classification of probationers so they may receive appropriate
treatment and control.
33. ____ refers to the process in which a probation officer settles cases at the initial appearance before the onset
of formal criminal proceedings.
a.
Intake
b.
Presentence investigation
c.
Diagnosis
d.
Adjudication
34. The ____ is conducted primarily to gain information for judicial sentences.
a.
intake
b.
presentence investigation
c.
diagnosis
d.
adjudication
35. What happens when probation is revoked?
a.
The probation contract is terminated and the original sentence is imposed.
b.
The judgment is deferred until such time as the defendant is rehabilitated.
c.
The suspended sentence is held in abeyance and the defendant is subject to mandatory participation
in a pretrial diversion program.
d.
The probation contract is extended and a prison term is imposed.
36. Which duty involves evaluating the probationer based on information from the initial intake or presentence
investigation?
a.
Investigation
b.
Intake
c.
Diagnosis
d.
Treatment supervision
37. Which of the following is not a landmark Supreme Court case that deals with the legal rights of
probationers?
a.
United States v. Weeks
b.
Minnesota v. Murphy
c.
Griffin v. Wisconsin
d.
United Sates v. Knights
38. In ____, the court ruled that the probation officer–client relationship is not confidential.
a.
United States v. Weeks
b.
Minnesota v. Murphy
c.
Griffin v. Wisconsin
d.
United Sates v. Knights
39. In ____, the Supreme Court held that a probationer’s home may be searched without a warrant on the
grounds that probation departments “must respond quickly to evidence of misconduct.”
a.
United States v. Weeks
b.
Minnesota v. Murphy
c.
Griffin v. Wisconsin
d.
United Sates v. Knights
40. In ____, the Supreme Court held that a probationer is constitutionally entitled to counsel in a revocation-of-
probation proceeding if the imposition of a sentence has been suspended.
a.
Mempa v. Rhay
b.
Minnesota v. Murphy
c.
Griffin v. Wisconsin
d.
Morrissey v. Brewer
41. Which of the following is false regarding the success of probation?
a.
National data indicate that only 30 percent of probationers are successful in completing their
probationary sentence.
b.
Most revocations occur for technical violations during the first three months of probation.
c.
Felons who receive probation are less likely to recidivate than felons who are sent to prison for
committing similar crimes.
d.
Incarcerating offenders increases the likelihood of recidivism.
42. National data indicate that about _____ percent of probationers successfully complete their probationary sentence.
a.
20
b.
40
c.
60
d.
80
43. Which of the following is not an initiative currently in place or suggested to improve probation?
a.
Electronically monitored probation
b.
HotSpot probation
c.
Making probationers pay
d.
Making probation private
44. Which of the following is the highest on the punishment ladder?
a.
Forfeiture
b.
Intensive probation
c.
House arrest
d.
Electronic monitoring
45. Which of the following individuals is most likely to succeed on probation?
a.
A young unemployed male.
b.
A single female without a high school diploma.
c.
A single male with a prior criminal record.
d.
A married female with a part-time job.
46. Many scholars argue that probation will continue to be the sentence of choice in both felony and
misdemeanor cases because it:
a.
controls for recidivism better than other intermediate sanctions.
b.
holds the promise of great financial savings.
c.
best fulfills the promise of rehabilitation.
d.
is justified in the ladder of punishment as a just desert sanction based on the severity of the criminal
act.
47. Which of the following is not a form of intermediate sanction?
a.
Intensive probation supervision
b.
House arrest
c.
Residential community corrections (RCC)
d.
Sentencing circles
48. Which of the following is the least punitive alternative on the punishment ladder?
a.
Forfeiture
b.
Pretrial release
c.
Fines
d.
Restitution
49. Which of the following is the most punitive alternative on the punishment ladder?
a.
Residential community center
b.
Pretrial release
c.
Restitution
d.
House arrest
50. Which of the following is false regarding intermediate sanctions?
a.
They help the offender maintain family and community ties.
b.
They are more costly than jail or prison sentences.
c.
They can be structured to maximize security and maintain public safety.
d.
They can be scaled in severity to correspond to the seriousness of the crime.
51. What type of fine is geared to the offender’s net daily income?
a.
Social security fines
b.
Tax fines
c.
Brevity fines
d.
Day fines
52. What did the court rule in Tate v. Short?
a.
Incarcerating a person who is financially unable to pay a fine discriminates against the poor.
b.
All criminal defendants, regardless of financial situation, may be fined and incarcerated if unable to
pay the fine.
c.
Offenders must be offered a community service alternative to fine payment.
d.
Most fines were imposed in an arbitrary and discriminatory manner that violates constitutional rights.
53. Which of the following is a federal forfeiture program?
a.
Day Reporting Centers (DRC) programs
b.
The Racketeer Influence and Corrupt Organizations (RICO) Act
c.
The Organized Crime and Antidrug Act
d.
RCC centers
54. What is the term associated with the strict interpretation of forfeiture statutes that produces property
confiscations for even minor drug violations?
a.
Zero tolerance
b.
RICO raiding
c.
Shock forfeiture
d.
Asset grabbing
55. Community service is an example of:
a.
forfeiture.
b.
shock incarceration.
c.
restitution.
d.
intensive probation supervision.
56. Resentencing an offender to probation after a short prison stay is termed:
a.
shock probation.
b.
intensive probation supervision.
c.
split sentencing.
d.
RCC.
57. Which intermediate sanction makes a jail term a condition of probation?
a.
Shock probation
b.
Intensive probation supervision
c.
Split sentencing
d.
RCC
58. Which of the following is the primary goal of IPS?
a.
Decarceration
b.
Rehabilitation