Community Based Corrections 10th Edition by Alarid Test Bank

Community Based Corrections  10th Edition by Alarid  Test Bank
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
1. Following arrest, one of the first decisions made is: a. restitution
b. bail
c. pretrial release
d. bond
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.1 3
2. A defendants supervised release from jail into the community for the purpose of securing the defendants next court appearance as an alternative to pretrial detention is:
a. Pretrial release b. Diversion
c. Intensive supervision probation d. Regular probation
ANSWER: a
REFERENCES: Pretrial Services LEARNING OBJECTIVES: COBC.ALAR.13.1 3
3. Pretrial release programs supervise individuals who have been: a. accused of a crime
b. not yet convicted
c. arrested for varying crimes
d. All of these choices
ANSWER: d
REFERENCES: Pretrial Services LEARNING OBJECTIVES: COBC.ALAR.13.1 3
4. The first pretrial release program was the _____, began in 1960. a. Manhattan Bail Project
b. Florida Community Control Program
c. Volunteers in Probation Project
d. Boys Town Initiative
ANSWER: a
REFERENCES: History of Pretrial Release LEARNING OBJECTIVES: COBC.ALAR.13.1 3
5. The Manhattan Bail Project was the first opportunity for defendants to be :
a. detained prior to trial
c. released on recognizance
ANSWER:
REFERENCES: LEARNING OBJECTIVES:
b. awarded bail d. counseled
c
History of Pretrial Release COBC.ALAR.13.1 3
c
Pretrial Services
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
6. _____allows pretrial services officers to release defendants before the initial court appearance.
a. immunity
c. delegated release authority
b. sovereignty
d. judicial reprieve power
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.2 5
a. underuse
c. abandonment
b. overuse
d. incorrect use
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.2 5
a. young
c. substance abusers
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.1 3
c
Decision to Detain or Release
7. One consistent trend is that most pretrial defendants, whether they are supervised or not, appear in court and do not commit new offenses; suggesting the _______ of pretrial supervision in the federal system.
b
Decision to Detain or Release
8. Which of the following is often required for defendants on pretrial supervision? a. registering with the local sheriffs office as a convicted felon
b. not leaving their residence without the permission of their supervising officer c. calling in weekly until their scheduled court date
d. submitting daily reports about their current address and employment
ANSWER: c
REFERENCES: Decision to Detain or Release LEARNING OBJECTIVES: COBC.ALAR.13.1 3
9. A(n) _____ is a person responsible for the debt of a defendant if he or she fails to appear at the next court appearance.
a. surety
c. amercement
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.1 3
10. Which of the following characteristics best describe pretrial release failures?
b. trustee
d. parole dhonneur
a
Pretrial Supervision
b. high school dropout d. all of these choices
d
Pretrial Supervision
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
11. Diversion attempts to keep offenders from the negative effects of _______, while at the same time providing rehabilitation programs in the community that address challenges the offender may face.
a. isolation
c. incarceration
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.1 3
12. The post-conviction stage in which the defendant is brought before the court for formal judgment pronounced by a judge is:
b. interrogation
d. social shunning
c Diversion
a. parole
c. sentencing
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.3 5
13. Judges engage in _____, which means that each individual case is considered in terms of its subjectivities, harms, wrongs, and contexts, and then measures against concepts such as oppression, freedom, dignity, and equality.
b. arraignment d. indictment
c Sentencing
a. reflective justice c. restorative justice
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.1 3
14. A community corrections sentence is (a) ___________ and not a right. a. privilege
b. discretionary
c. sanction only available to drug offenders d. determination by the prosecutor
ANSWER: a
REFERENCES: Sentencing LEARNING OBJECTIVES: COBC.ALAR.13.3 5
15. The primary reason for the adoption of sentencing guidelines was to: a. give judges more discretion
b. control judicial discretion
c. make sentences more lenient
d. give prosecutors more discretion
ANSWER: b
REFERENCES: Sentencing LEARNING OBJECTIVES: COBC.ALAR.13.4 5
b. just deserts d. social justice
a Sentencing
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
16. _____ monitor how sentencing guidelines and judicial departures are used and make sentencing recommendations to a legislature.
a. Sentencing commissions c. Judges
b. Sentencing overseers d. Court services officers
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
a. prior record
c. offense summary
b. social history
d. evaluative summary
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
a
Determinate Sentencing Examples
17. Purposes of the presentence report include:
a. used by the court in determining an appropriate sentence
b. used by jail and prison institutions for purposes of classification and treatment c. used by probation and parole officers to assist in supervision of the offender d. All of these
ANSWER: d
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
18. When should the presentence investigation be conducted? a. Prior to the criminal trial
b. After adjudication of guilt
c. As soon after arraignment as possible
d. Immediately after voir dire
ANSWER: b
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
19. The part of the PSI that presents the offenders probability of risk to the community, the amount of harm the offender caused, the defendants ability to pay monetary costs, and the defendants need for treatment is the:
d
The Presentence Investigation Report
20. The first task in conducting a presentence investigation is to meet with the offender and complete an investigatory worksheet. This meeting between the offender and the probation officer is the:
a. disposition meeting c. intake interview
b. initial interview d. classification
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
b
Preparing the PSI Report
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
21. Reports that focus primarily on the crime, the offenders culpability, and the offenders prior criminal history are:
a. offense-based reports
c. postsentence investigations
b. offender-based reports d. treatment reports
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
a. victim impact statements c. treatment plans
b. restitution information
d. residence and employment plans
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
a
The Presentence Investigation Report
22. The major source of information used by the courts in determining whether or not to grant probation or impose some other sentence has been and remains the:
a. presentence investigation report
b. postsentence investigation report
c. classification summary and analysis d. preparole investigation
ANSWER: a
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
23. Renewed interest in victim rights and restoring the harm the offender resulted in including a new component in PSIs referred to as:
a. Special conditions c. Treatment options
b. Standard conditions d. Penal conditions
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.3 5
a. Special conditions c. Treatment options
b. Standard conditions d. Penal conditions
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.3 5
a
Contents of the Presentence Investigation Report
24. Conditions that are imposed on all individuals under community supervision in a jurisdiction, regardless of the nature of the offense committed are called:
b
Community Corrections Conditions
25. Conditions that are additional stipulations tailored to fit the problems and needs of the individual offender and ordered by the court are called:
a
Community Corrections Conditions
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
26. _____ is an opportunity for a defendant and/or his or her attorney to review a draft of the presentence report. a. Amercement
b. Hearsay
c. Surety
d. Disclosure
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.2 5
a. Eighth c. Sixth
b. Fourteenth d. First
a. predisposition report c. social history
b. post-sentence report
d. residence and employment plan
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.4 5
d
Legal Issues Concerning the Presentence Report
27. Courts have held that a defendant does not have a(n) _______ Amendment right to have an attorney present during the initial probation interview.
ANSWER:
REFERENCES: Legal Issues Concerning the Presentence Report LEARNING OBJECTIVES: COBC.ALAR.13.5 4
28. Which of the following is not one of the standard conditions of community sanctions?
c
a. obeyingalllaws
c. submit to drug testing
ANSWER:
REFERENCES:
LEARNING OBJECTIVES: COBC.ALAR.13.5 4
29. Occasionally a court will order a report to be written when a court has proceeded directly to the sentencing phase without benefit of a PSI, usually after the court has accepted a plea bargain. This report is referred to a:
b.workorattendschoolregularly d. all of these choices
c
Standard Conditions
b
The Presentence Investigation Report
30. The contents of the presentence investigation and report vary according to: a. the gender of the defendant
b. the socioeconomic status of the offender
c. whether it is an offender-based or offense-based PSI
d. whether the crime is an act of violence or not
ANSWER: c
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
31. _____ is a defendants release from jail while awaiting his or her next court appearance.
ANSWER: pretrial release REFERENCES: Pretrial Services LEARNING OBJECTIVES: COBC.ALAR.13.1 3
32. The first pretrial release program was the ____________________, which was began in 1960 to assist judges in identifying defendants who could be released on their own recognizance (ROR) before their next scheduled court date.
ANSWER: Manhattan Bail Project REFERENCES: History of Pretrial Release LEARNING OBJECTIVES: COBC.ALAR.13.1 3
33. In both the state and federal systems, pretrial services recommends the _________________ available to the
court, taking into consideration the safety of the community and the defendants likelihood of reappearance in court.
ANSWER: least restrictive option REFERENCES: Decision to Detain or Release LEARNING OBJECTIVES: COBC.ALAR.13.2 5
34. Pretrial services officers are able to release defendants before their initial appearance before a judge through _____.
ANSWER: delegated release authority REFERENCES: Decision to Detain or Release LEARNING OBJECTIVES: COBC.ALAR.13.2 5
35. A _____ is an individual who agrees to become responsible for the debt of a defendant if he or she fails to appear at his or her next court appearance.
ANSWER: surety REFERENCES: Pretrial Supervision LEARNING OBJECTIVES: COBC.ALAR.13.1 3
36. If a defendant with a ROR fails to attend the next hearing, there is no bond amount to pay, but a ___________ is still issued for the defendant.
ANSWER: warrant REFERENCES: Pretrial Supervision LEARNING OBJECTIVES: COBC.ALAR.13.1 3
37. Alternative programming to traditional criminal justice sentencing that provides first-time offenders with a chance to have their charges dismissed if they successfully complete a treatment program is known as _____.
ANSWER: diversion REFERENCES: Diversion
LEARNING OBJECTIVES: COBC.ALAR.13.3 5
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
38. _____ is a form of justice whereby each defendants case is considered by a judge, parole board, or decisionmaking authority according to its harms, subjectivities, wrongs, and contexts.
ANSWER: reflective justice
REFERENCES: Factors that Affect Granting a Community Sentence LEARNING OBJECTIVES: COBC.ALAR.13.3 5
39. Clark and Henry (2003) found that the number of jurisdictions nationwide that issue warrants and conduct other forms of follow-up for failure to appear has actually ___________ in recent years.
ANSWER: decreased REFERENCES: Pretrial Supervision LEARNING OBJECTIVES: COBC.ALAR.13.4 5
40. The type of presentence investigation report that focuses on the treatment needs of the offender in an effort to
understand the causes of an offenders antisocial behavior and to evaluate his or her potential for change is a(n)
____________________ report.
ANSWER: offender-based
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
41. The PSI is used to assist the court in determining sentences and assists correctional institutions in the __________ of inmates, institutional planning, and release planning.
ANSWER: classification
REFERENCES: The Presentence Investigation Report LEARNING OBJECTIVES: COBC.ALAR.13.4 5
42. Although guidelines vary greatly from jurisdiction to jurisdiction, they generally establish a sentence based on the
offenders prior criminal history and the _________.
ANSWER: offense severity REFERENCES: Sentencing LEARNING OBJECTIVES: COBC.ALAR.13.3 5
43. Refraining from use of all controlled substances except those prescribed from a licensed medical practitioner is an example of a ________ condition of probation.
ANSWER: standard
REFERENCES: Community Corrections Conditions LEARNING OBJECTIVES: COBC.ALAR.13.3 5
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
44. What kinds of individuals do you think are best suited for pretrial release?
ANSWER:
The pretrial release decision at the state level typically consists of a quantitative point system of the potential risk posed, whereas the federal system relies on a pretrial investigation interview and scoring a Risk Prediction Index (RPI). The RPI was approved for use as an estimate of the likelihood that a defendant will fail to appear for their next court hearing or commit a new crime if released. The RPI ranges from 0 to 9 and considers the number of arrests, whether a weapon was used in the most recent offense, defendants employment, history of illegal drug use/alcohol abuse, previous escapes while on supervision, education level, and living situation (Administrative Office of the U.S. Courts 2005a). We know that individuals more likely to be released pretrial tended to have no prior convictions or had only one misdemeanor conviction, were employed at arrest, had some college education, were more than 40 years of age, or were female (Cohen and Reaves 2006). Also, pretrial defendants with mental illnesses were considered for pretrial release because they could obtain the necessary services in the community more often than in a jail environment (Clark and Henry 2003). In summary, individuals best suited for release would have stable employment and residence plans, be more highly educated, be accused of less serious, non-violent offenses, have little or no prior criminal history, be more mature, and not be addicted to drugs or alcohol.
Pretrial Releasel COBC.ALAR.13.2 5
REFERENCES: LEARNING OBJECTIVES:
45. How might sentencing guidelines affect the sentencing decision?
ANSWER:
The original United States Sentencing Guidelines set narrow, mandatory ranges of punishment based on the instant offense, the offenders prior criminal history, and facts that, if proven by a preponderance of the evidence, could potentially enhance an offenders sentence above the range in the guidelines. If the prosecutor could show aggravating facts to the sentencing judge, the court would be obligated to enhance the punishment even further. U.S. vs. Booker (2005) ruled that this practice was unconstitutional, but there were two distinct majority opinions that followed. One majority opinion said that to enhance the punishment, the defendant must admit the aggravating circumstances or the prosecutor must prove to a jury beyond a reasonable doubt. The second majority opinion said that the Guidelines should be advisory rather than mandatory. This served to give federal judges discretion in sentencing once again. Because the intent of guidelines is to limit disparity between sentences, there is a narrowed range of sanctions from which to choose.
Sentencing COBC.ALAR.13.3 5
REFERENCES: LEARNING OBJECTIVES:
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
46. Argue for or against the proposition that probation conditions should be left solely to the discretion of judges and should not be prescribed by law.
ANSWER:
Special conditions of community supervision must be specific, clear and reasonable to be constitutional. Reasonable conditions result in compliance; conversely, unreasonable conditions lead to failure because the probationer cannot possibly comply with them. The definition of reasonable depends on an offenders circumstances and is decided on a case-by-case basis. For example, requiring an employed offender with a good paying job to pay $500 each month in restitution may be reasonable, but the same condition would be unreasonable if it were imposed on an indigent probationer with a sixth grade education and no marketable job skills. Legislatures or Congress simply cannot address each case individually and are unable to closely tailor the condition to the offender and such inability may create discrepancies between governmental branches. For example, if a state legislature added a mandated condition that all probationers pay restitution it could conflict with the judicial branchs precedent that the offender must have the ability to pay. This type of situation could set up inter-governmental conflict and create a debtors prison. Obviously both branches wish to achieve justice in a fair manner but determining the concept of fairness is sometimes complex and requires knowledge of individual cases.
Community Corrections Conditons COBC.ALAR.13.3 5
REFERENCES: LEARNING OBJECTIVES:
47. What are the limitations on the power of courts to impose community supervision conditions? Why are these limitations important?
ANSWER:
By virtue of a criminal conviction, offenders have diminished constitutional rights, but they nonetheless retain rights that are considered basic and fundamental. When fundamental constitutional rights are limited or infringed upon by a condition of probation, the government must establish a compelling state interest that would justify keeping the condition. First Amendment rights of religion, speech, assembly, press, and petitioning the government for redress of grievances are considered basic, fundamental rights that deserve protection by the courts. For example, much of the literature of Alcoholics Anonymous (A.A.) refers to monotheistic principles and encourages prayer, leading the court to conclude that, although not a religion per se, the elements of A.A. infringed on a persons First Amendment rights of religion. In other situations, the diminishment of rights is seen as when the courts ruled that offenders could be instructed to discuss their participation in illegal activities for rehabilitative purposes or when the Court permitted the search of a probationers home based on reasonable grounds. Giving the courts the power to impose conditions maximizes the protection of society and the ability to address and possibly treat the underlying causes of the offenders behavior. Such conditions, however, must be applied in a constitutionally sound manner that complies with the law.
Community Corrections Conditions COBC.ALAR.13.3 5
REFERENCES: LEARNING OBJECTIVES:
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
48. Given the time and effort it takes to complete a PSI interview and report, is the effort worth it? Discuss the efforts and time required and explain your position.
ANSWER:
The primary purpose of the presentence investigation report is to provide the judge with timely, relevant, and accurate data on which to base a rational sentencing decision. The PSI report also assists jail and prison institutions in their classification of inmates, and in suggesting types of institutional programming that would fit the offenders needs while incarcerated. Paroling authorities use the PSI report to obtain information that is pertinent to resources upon release, such as family support, employment opportunities, and the like. Probation and parole supervisors use the PSI report when assigning offenders to caseloads. Field officers use the PSI report when writing a treatment or program plan (Petersilia 2002; Norman and Wadman 2000). Another purpose of the PSI report is to enable probation officers to establish and maintain credibility with judges, prosecutors, and probation supervisors. Probation officers are not seeking to change a judges mindthey are merely attempting to summarize the case before them and provide sufficient and reasonable evidence (Kittrie, Zenoff, and Eng 2002). The purposes served by the PSI probably mean that it is worth the time and effort to the criminal justice system. It also affords the opportunity to provide detailed information to the court not available from other sources that permit the tailoring of conditions to meet the needs of the offender and better control the risk factor on a case by case perspective.
The Presentence Investigation Report COBC.ALAR.13.4 5
REFERENCES: LEARNING OBJECTIVES:
49. Is it more important that sentences be consistent to all offenders of a similar class of crimes or that sentences be individualized to the characteristics and needs of each offender?
ANSWER:
Some states have integrated intermediate sanctions directly into both their felony and misdemeanor sentencing guidelines. Violent offenders in these states receive lengthier prison sentences, whereas nonviolent offenders can receive intermediate sanctions or other forms of community-based or even restorative justice sanctions (Lubitz and Ross 2001). This policy shows the divergence that exists between those crimes society sees as being very serious in nature and those where society believes there is hope that the offender will not continue to engage in criminal activities and it is not dangerous for him or her to be supervised in the community. For the serious crimes, the public seeks consistent sanctions based on the offense type. For other crimes where it is thought that retribution is not required and the offender can be rehabilitated or deterred; there is reason to impose offender based sanctions that closely consider the individual characteristics and needs of the offender rather than only considering the crime type.
Sentencing COBC.ALAR.13.3 5
REFERENCES: LEARNING OBJECTIVES:
50. Pretrial release allows defendants who have been convicted to live and work in the community. a. True
b. False
ANSWER: False REFERENCES: Pretrial Services
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Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
51. A defendants ties to the community are not useful in predicting his or her risk or likelihood of appearing in court.
a. True b. False
ANSWER: True
REFERENCES: History of Pretrial Release
52. A situation in which a defendant does not attend a scheduled court hearing is referred to as failure to ap a. True
b. False
ANSWER: True
REFERENCES: Decision to Detain or Release
53. Delegated release authority allows pretrial services officers to make decisions to release a defendant b his or her first appearance in front of a judge.
a. True
b. False
ANSWER: True
REFERENCES: Decision to Detain or Release
54. Pretrial detention rates have been steadily decreasing in the federal system. a. True
b. False
ANSWER: False
REFERENCES: Why are More Defendants being Detained?
55. Pretrial supervision can be ordered as a condition of bond or bail. a. True
b. False
ANSWER: True
REFERENCES: PretrialSupervision
56. Completing diversion does not result in criminal record.
a. True b. False
ANSWER: True REFERENCES: Diversion
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pear.
efore
Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
57. A judges decision to allow a defendant to serve a community corrections sentence depends on the offenders eligibility by law for a community corrections sentence.
a. True b. False
ANSWER: True
REFERENCES: Factors that Affect Granting Community Sentences
58. With presumptive sentencing grids, judges are obligated to use guidelines from which they may not dev without providing written reasons as to why they have chosen to do so.
a. True
b. False
ANSWER: True
REFERENCES: Sentencing
59. The PSI is a document prepared by a parole officer. a. True
b. False
ANSWER: False
REFERENCES: The Presentence Investigation Report
60. A post-sentence report may be written after a defendant has pleaded guilty and waived a presentence r
a. True b. False
ANSWER: False
REFERENCES: Purposes of the PSI Report
61. The first task in preparing a PSI report is to interview the offender. a. True
b. False
ANSWER: False
REFERENCES: Presentence Review and Verification
62. When compiling a PSI, the officer interviews a number of different people, including the offenders family and
friends, employer, school officials, etc., all known as collateral contacts.
a. True b. False
ANSWER: True
REFERENCES: Presentence Interview and Verification
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iate
eport.
Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
63. Information that a probation officer is not able to verify should be noted as unconfirmed or unverified. a. True
b. False
ANSWER: True
REFERENCES: Presentence Interview and Verification
64. Important extralegal factors when making sentencing decisions are social support systems, mental heal
issues, and substance abuse.
a. True b. False
ANSWER: True
REFERENCES: The Sentence Recommendation
65. Disclosure is an opportunity for a defendant to read and refute information in the PSI report. a. True
b. False
ANSWER: True
REFERENCES: Legal Issues Concerning the PSI Report
66. Hearsay information is not permitted in a PSI report. a. True
b. False
ANSWER: False
REFERENCES: Legal Issues Concerning the Presentence Report
67. Working and attending school regularly, submitting to drug testing, and refraining from using drugs and
can all be considered standard community corrections conditions.
a. True b. False
ANSWER: True
REFERENCES: CommunityCorrectionsConditions
68. Special conditions are stipulations tailored to fit the problems and needs of the offender, and generally related to the offense of conviction.
a. True
b. False
ANSWER: True REFERENCES: SpecialConditions
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th
alcohol
are
Chapter_4__Pretrial_Supervision__Sentencing__and_the_Presentence_Investigation_Report
69. Forcing an offender to publicly proclaim guilt for his or her crime is known as scarlet letter conditions. a. True
b. False
ANSWER: True REFERENCES: SpecialConditions
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