Essentials of Criminal Justice 10th Edition by Larry J. Siegel John L. Worrall test bank

Essentials of Criminal Justice  10th Edition by Larry J. Siegel John L. Worrall  test bank
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True / False

1. Probation typically involves the suspension of an offenders sentence for promise of good behavior in the community.
a. True
b. False
ANSWER: True
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: 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
ANSWER: True
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: 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
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

4. The historic version of probation was termed a judicial reprieve.
a. True
b. False
ANSWER: True
REFERENCES: The History of Probation and Community Sentencing
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

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
ANSWER: True
REFERENCES: The History of Probation and Community Sentencing
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

6. The probation officer has little say in the planning of a probationers treatment program.
a. True
b. False
ANSWER: False
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: 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
ANSWER: False
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

8. More than half of all cases involve a direct sentence to probation for a fixed period of time.
a. True
b. False
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: 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
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.03 Recognize the different types of probation.
KEYWORDS: 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
ANSWER: False
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

11. The sentencing judge has very limited discretion in setting probation conditions.
a. True
b. False
ANSWER: False
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: 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
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.06 List and discuss the elements of a probation departments duties.
KEYWORDS: Remember

13. In Minnesota v. Murphy, the court ruled that the probation officerclient relationship is confidential.
a. True
b. False
ANSWER: False
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

14. A probationers home may be searched without a warrant by a probation officer if the officer suspects criminal activity.
a. True
b. False
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

15. National data indicate that 60 percent of probationers successfully complete their probationary sentence.
a. True
b. False
ANSWER: True
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Remember

16. Intermediate sanctions can be scaled in severity to correspond to the seriousness of the crime.
a. True
b. False
ANSWER: True
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

17. Programs such as house arrest and restitution are examples of community parole.
a. True
b. False
ANSWER: False
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

18. Restitution ranks lower than probation on the punishment ladder.
a. True
b. False
ANSWER: False
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

19. Intensive probation supervision (IPS) has been proven effective at reducing reoffending rates.
a. True
b. False
ANSWER: False
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: 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
ANSWER: False
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: 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
ANSWER: False
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

22. Electronic monitoring systems have the ability to limit offenders movements to appropriate areas.
a. True
b. False
ANSWER: True
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

23. The biggest problem with intensive supervision probation is high failure rates.
a. True
b. False
ANSWER: True
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

24. Restorative justice programs have been implemented in police departments when the police first encounter a crime.
a. True
b. False
ANSWER: True
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

25. According to restorative justice, the first priority of justice processes is to assist victims.
a. True
b. False
ANSWER: True
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

Multiple Choice

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
ANSWER: a
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

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.
ANSWER: d
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: Remember

28. What modern concept is attributed to the nineteenth century volunteer work of John Augustus?
a. Prison b. Parole
c. Sureties d. Probation
ANSWER: d
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

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
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

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 victims assistance office d. A private, third-party contractor
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

31. In which phase of probation does motivational interviewing occur?
a. Presentence investigation b. Intake
c. Diagnosis d. Treatment
ANSWER: d
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

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 officers working style is influenced by both personal values and the departments policies.
d. Probation officers are involved in risk classification of probationers so they may receive appropriate treatment and control.
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

34. The ____ is conducted primarily to gain information for judicial sentences.
a. intake
b. presentence investigation
c. diagnosis
d. adjudication
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

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.
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

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
ANSWER: c
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

38. In ____, the court ruled that the probation officerclient relationship is not confidential.
a. United States v. Weeks
b. Minnesota v. Murphy
c. Griffin v. Wisconsin
d. United Sates v. Knights
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.79 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

39. In ____, the Supreme Court held that a probationers 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
ANSWER: c
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

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.
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Remember

42. National data indicate that about _____ percent of probationers successfully complete their probationary sentence.
a. 20
b. 40
c. 60
d. 80
ANSWER: c
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Remember

44. Which of the following is the highest on the punishment ladder?
a. Forfeiture
b. Intensive probation
c. House arrest
d. Electronic monitoring
ANSWER: c
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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.
ANSWER: d
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Apply

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.
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Remember

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
ANSWER: d
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.

48. Which of the following is the least punitive alternative on the punishment ladder?
a. Forfeiture
b. Pretrial release
c. Fines
d. Restitution
ANSWER: b
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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.
ANSWER: b
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

51. What type of fine is geared to the offenders net daily income?
a. Social security fines
b. Tax fines
c. Brevity fines
d. Day fines
ANSWER: d
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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.
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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
ANSWER: b
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

55. Community service is an example of:
a. forfeiture.
b. shock incarceration.
c. restitution.
d. intensive probation supervision.
ANSWER: c
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

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.
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

57. Which intermediate sanction makes a jail term a condition of probation?
a. Shock probation
b. Intensive probation supervision
c. Split sentencing
d. RCC
ANSWER: c
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

58. Which of the following is the primary goal of IPS?
a. Decarceration
b. Rehabilitation
c. Retribution
d. Incapacitation
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

59. The most secure intermediate sanction is a sentence to:
a. a DRC.
b. house arrest.
c. electronic monitoring.
d. a RCC facility.
ANSWER: d
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

60. According to the basic principles of restorative justice, the first priority of the justice process is to:
a. restore the community to the best degree possible.
b. assist the victims.
c. shame the offender.
d. treat all offenders equally.
ANSWER: b
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

61. John Braithwaite argues that crime control can be better achieved through a policy of:
a. restitution.
b. reintegrative shaming.
c. intensive supervision.
d. RCC.
ANSWER: b
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

62. According to the basic principles of restorative justice, the second priority of the justice process is to:
a. restore the community to the best degree possible.
b. assist the victims.
c. shame the offender.
d. treat all offenders equally.
ANSWER: a
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

63. Which of the following is false regarding restorative justice programs?
a. Crime is an offense against human relationships.
b. Victims and the community are central to justice processes.
c. The offender will develop improved competency and understanding as a result of the restorative justice experience.
d. Stakeholders have no place in the restorative process.
ANSWER: d
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

Grant was arrested for unlawful possession of a firearm, a misdemeanor in New York State. He is involved in a custody battle with his ex-wife and he brought the gun with him to scare her into letting him see his daughter more often. They got into a shouting match and he pulled the gun out. Grant was arrested and he pled guilty to disorderly conduct, a handgun violation, and was given probation.

64. What is the basis of historical probation that allowed Grant to serve a punishment in the community by following conditions of supervision?
a. Judicial reprieve
b. Surety
c. Suspended sentencing
d. Dispositions
ANSWER: a
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

65. Even though Grant and his ex-wife dont see eye to eye, the likelihood that Grant will successfully complete his term of probation is high because:
a. he wants to see his daughter.
b. he does not have a past criminal history.
c. the judge will put him in jail if he doesnt comply.
d. he is getting counseling for his anger issues.
ANSWER: b
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Apply

66. You are Grants probation officer and you stop by the police station to visit an officer on gun amnesty and buy back day. You see Grant turning in a handgun and although he is indeed turning it in, it is a violation of Grants conditions of probation to be in possession of a firearm. What is your best course of action?
a. Change Grants probation to a suspended sentence
b. Make Grant forfeit the money he receives from the gun amnesty program
c. Revoke Grants probation on the spot and have your friend arrest him
d. Notify Grant that his probation may be revoked and his conditions may be changed
ANSWER: d
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Apply

Jaime has just pled guilty to cocaine possession. At first she claimed that the drugs werent hers but figured the judge might be lenient if he knew that she had fought with cocaine addiction since she was 14 years old. Her parents are in the public spotlight and the publicity was just too much for her to handle so she left home when she was 16, certain that she could make it on her own. After living on the streets addicted to anything she could get her hands on, she finally went back home to seek help from her parents who put her in rehab about 6 months ago.

67. Jaime was sentenced to a $2,000 fine, 300 hours of community service, and 2 months of intensive outpatient drug treatment. What do you think is the most likely reason for Jaimes sentence?
a. There is no room in jail for another drug offender.
b. Sentencing Jaime to a harsher punishment may embarrass her parents.
c. An attempt to help Jaime maintain the ties that she rebuilt with her family and community.
d. Restitution and community service is appropriate for a troubled drug offender.
ANSWER: c
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Apply

68. Even though she is going to get help, Jamie feels like her sentence is a waste of time. Her probation officer asks a lot of questions when they meet. He asks questions about her family, her living situation, her relationships with others, and of course her triggers for using drugs. What is he doing?
a. Post-sentence report
b. Risk classification
c. Intake
d. Motivational interviewing
ANSWER: d
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.06 List and discuss the elements of a probation departments duties.
KEYWORDS: Apply

69. Jaime has relapsed and she knows that her probation officer is going to violate her probation but she tells him anyway, knowing hell likely find out. He suggests that they try treatment again but inpatient treatment this time around. What further conditions will Jaime be subjected to?
a. Fines to pay for treatment
b. Sentencing circles such as Narcotics Anonymous
c. RCC
d. House arrest to receive treatment
ANSWER: c
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Apply

Greg is 18 years old and has a drinking problem. He dropped out of high school and doesnt have a steady job, but rather picks up bits and pieces of work when people are hiring for the short term. Last night he was arrested for driving while intoxicated, but before the police stopped him Greg ran a stop sign and got into an accident. The driver of the other vehicle is in serious but stable condition in the hospital. The biggest problem is that Greg is a repeat offender and has two previous driving under the influence (DUIs) on his record.

70. The judge decides that Greg has used up all of his chances and decides to sentence him to a more serious punishment but one that he can revisit at a later date. What is the judge likely to choose?
a. Jail
b. Split sentence
c. Prison
d. Decarceration
ANSWER: b
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Apply

71. Part of Gregs sentence was to pay for the damage to the car that he hit. How will he do this without a steady job?
a. Day fines
b. Restitution
c. He will have to get a steady job
d. Residential fines
ANSWER: a
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Apply

72. Gregs accident victim is out of the hospital and wants to talk about why he is allowed to cause so much pain, why he hasnt gotten help for his drinking and how he can move forward. What does she really want to accomplish?
a. Restorative justice
b. Having a say in Gregs punishment
c. Making Greg feel guilty
d. Getting Greg help
ANSWER: a
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Apply

Completion

73. ____________________ entails the conditional release of a convicted offender, without a jail term, into the community under the supervision of the court, subject to certain conditions for a specified time.
ANSWER: Probation
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: Remember

74. The severity of punishment is geared to the offenders ability to pay in ____________________.
ANSWER: day fines
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: Remember

75. A(n) ____________________ is a sentence of incarceration that is not carried out unless the offender disobeys the rules of probation while in the community.
ANSWER:
suspended sentence
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

76. According to the ________________view, crime shares a common trait in that it brings harm to the community in which it occurs.
ANSWER: restorative
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

77. ____________________ involves analyzing and assigning cases to a level and type of supervision on the basis of the clients particular needs and the potential for harm to the community.
ANSWER: Risk classification
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.06 List and discuss the elements of a probation departments duties.
KEYWORDS: Remember

78. Programs such as fines and forfeiture are examples of ____________________ sanctions.
ANSWER: intermediate
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

79. ____________________ is when the offender must pay the victim or community back for damages.
ANSWER: Restitution
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

80. ____________________ is resentencing an offender to probation after a short prison stay.
ANSWER: Shock probation
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

81. ____________________ is often used along with house arrest to ensure obedience to home confinement orders.
ANSWER: Electronic monitoring
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

82. John Braithwaites model of restorative justice relies on the concept of ____________________ to gain compliance and reintegrate the offender into the community.
ANSWER: reintegrative shaming
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Remember

83. In probation proceedings, _____________ is not automatic.
ANSWER: revocation
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

84. In _______________ (1984), the court ruled that the probation officerclient relationship is not confidential.
ANSWER: Minnesota v. Murphy
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Remember

85. Probation officers view themselves as ____________________ because their goal is to help offenders adjust in the community.
ANSWER: social workers
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Remember

86. During the Middle Ages, _______________________ was a mandatory result of most felony convictions.
ANSWER: forfeiture of estate
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.01 Be familiar with the concept of community sentencing.
KEYWORDS: Remember

87. A ________________ is a person who was responsible for an offenders behavior after release.
ANSWER: surety
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

88. _______ is credited with originating community sentencing.
ANSWER: John Augustus
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Remember

89. The ______________ is performed by a probation officer attached to a trial court after the conviction of a defendant.
ANSWER: presentence investigation
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.04 Be familiar with the rules of probation.
KEYWORDS: Remember

90. ___________ is a type of intermediate sanction that involves small probation caseloads and strict monitoring on a daily/weekly basis.
ANSWER: Intensive probation supervision
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Remember

Essay

91. How has the historical development of probation influenced its modern operation? How would you answer someone who says that intensive probation is merely a return to probation as it was originally envisioned by John Augustus?
ANSWER: The idea of community supervision began in medieval times with the practice of judicial reprieve that allowed judges to suspend punishment so that convicted offenders could seek pardon, gather new evidence, or demonstrate that they had reformed their behavior. Other practices called recognizance enabled convicted offenders to go unpunished if they agreed to refrain from further criminal behavior and sureties or certain people had to make themselves responsible for the behavior of the offender. The modern probation concept originated with John Augustus who began to supervise offenders released to his custody by a Boston judge in 1841. Probation is a criminal sentence that suspends or delays a correctional term in a prison or jail. The philosophy of probation rests on the assumption that the typical offender is not a dangerous criminal but someone who has the ability to reform. Once on probation, the offender is subject to certain rules and conditions that must be followed to remain in the community. If conditions are not followed, there is potential that the community sentence will be terminated. However, in most states they have a more stringent program called IPS where the primary goal is decarceration. Such programs rely on a great degree of client contact to achieve the goals of decarceration control and reintegration and therefore we see the concepts of recognizance and sureties in IPS as a throwback to what John Augustus envisioned and intended.
REFERENCES: What is Probation?
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.02 Know the history of community sentences.
KEYWORDS: Analyze

92. Discuss the major functions performed by probation officers.
ANSWER: There are five primary tasks that probation officers perform that include presentence investigation, intake, diagnosis, treatment supervision, and risk classification. A presentence investigation is conducted to gain information for judicial sentences. Intake is a process by which probation officers interview cases that have been summoned to the court for initial appearances. Diagnosis is the analysis of a probationers personality and the subsequent development of a personality profile that may be helpful in treating the offender. Effective supervision protects the probation department from civil liability. However, with todays heavy caseloads there are limited opportunities for hands-on treatment, and most probation treatment efforts rely on community resources. And risk classification involves classifying and assigning cases to a level and type of supervision on the basis of the clients particular needs and the risks they present to the community.
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Evaluate

93. What is risk classification and is it an effective tool in the fight against repeat offending?
ANSWER: To select the appropriate treatment modes, probation officers analyze the clients character, attitudes, and behavior through diagnosis/risk classification. An effective diagnosis integrates all that has been learned about the individual, organized in such a way to facilitate the establishment of future treatment goals. Based on a risk assessment, offenders are assigned to specific supervision levels. There is potential that the right level of supervision and treatment would result in a lower recidivism rate; however, this is also dependent on the offenders willingness to change their lifestyle and circumstances based on the treatment and opportunities provided. Overall, most probationers (about 60 percent) successfully complete their probationary sentence and most revocations occur during the first three months of the probation sentence.
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.05 Know about the organization and administration of probation services.
KEYWORDS: Evaluate

94. Discuss the factors that contribute to a persons success or failure on probation.
ANSWER: In most situations where criminal offending is involved, there are issues and factors that may be uncontrollable based on upbringing and lifestyle, leading to willingness to engage in illegal or immoral behavior. Many probationers bring with them emotional baggage that may reduce the chances of successful rehabilitation. In particular, young males who are unemployed or have lower incomes, a prior criminal record, and a history of instability are most likely to be rearrested. Prior record is also related to probation success and most revocations occur during the first three months of the probation sentence. Most revocations occur for technical violations.
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.08 Debate the effectiveness of probation.
KEYWORDS: Evaluate

95. Compare and contrast three intermediate sanctions in terms of their structure and effectiveness.
ANSWER: Intermediate sanction programs typically include IPS, house arrest, electronic monitoring, restitution orders, shock probation or split sentences, and residential corrections. They may also include sentences administered independently of probation staffs, such as fines and forfeiture, pretrial programs, and pretrial and posttrial residential programs. Fines are monetary payments that are imposed on offenders as an intermediate punishment for their criminal acts. They can be used as the sole sanction or combined with other punishments and most jurisdictions, giving little guidance to judges directing the impositions of fines. Research conducted questions the effectiveness of fines due to the issue of punishing those that are of lower socioeconomic status who may have committed their crimes to obtain monetary stability. Criminal forfeiture proceedings target property used in a crime and do not require that formal criminal proceedings be initiated against a person or that they are proven guilty. The government has been criticized for being overzealous in its application of forfeiture statutes because the penalty is sometimes disproportionate to the crime involved. Another sanction, restitution takes the forms of monetary restitution or community service restitution. Restitution programs offer the offender the chance to avoid jail or a prison sentence. Judges and probation officers have embraced the concept of restitution since it appears to benefit the victim, the offender, the criminal justice system, and society. Shock probation and split sentences are designed to allow judges to grant offenders community release after they have sampled prison life. This type of sentence disrupts the offenders life and can result in a stigma. IPS involves small caseloads and strict monitoring on a daily/weekly basis with the goals of decarceration, control, and reintegration. Research has shown this is more effective when combined with cognitive behavioral treatment programs. House arrest requires the offender to spend a set amount of time in his or her home. No data indicates this is an effective crime deterrent, but does help reduce prison overcrowding. Electronic monitoring requires offenders to wear a monitoring device as part of their community sentence. Evidence suggests this can be effective. RCC is a nonsecure facility that houses probationers who need a more secure environment. Research shows such facilities can be effective at reducing recidivism.
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Analyze

96. A number of important legal issues surround probation. Using two relevant cases to illustrate, discuss the legal rights of probationers.
ANSWER: The court has ruled that probationers have a unique status and therefore are entitled to fewer constitutional protections than other citizen. In Griffin v Wisconsin the court held that a probationers home may be searched without a warrant because probation departments have in mind the welfare of the probationer and must respond quickly to evidence of misconduct. In Minnesota v. Murphy the court held that the probation officerclient relationship is not confidential, as are physicianpatient or attorneyclient relationships. If a probationer admits to committing a crime to his or her probation officer, the information can be passed on to the district attorney. In Mempa v. Rhay a probationer is constitutionally entitled to counsel in a revocation-of-probation proceeding where the imposition of sentence had been suspended.
REFERENCES: Probation Today
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.07 Be familiar with the legal rights of probationers.
KEYWORDS: Analyze

97. Describe the strengths and weaknesses of shock probation and split sentencing.
ANSWER: Shock probation and split sentences are alternative sanctions designed to allow judges to grant offenders community release only after they have sampled prison life. Shock probation involves resentencing an offender to probation after a short prison stay. In a number of states and in the Federal Criminal Code, a jail term can actually be a condition of probation, known as split sentencing. Shock probation and split sentencing have been praised as ways to limit prison time, reintegrate the client quickly into the community, maintain family ties, and reduce prison populations and the costs of corrections. They have also been criticized by those who argue that even a brief period of incarceration can interfere with the purpose of probation.
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Evaluate

98. Describe the several ways in which IPS is used and its effectiveness.
ANSWER: IPS programs are used in several ways. In some states IPS is a direct sentence imposed by a judge and in others it is a post-sentencing alternative used to divert offenders from the correctional system. IPS is also used as a case management tool to give local staff the flexibility in dealing with and planning for clients. In addition some jurisdictions use IPS in all three ways in addition to applying it to probation violators to bring them halfway back into the community without resorting to a prison term. It should come as no surprise that IPS clients have a high rate of failure because they may be more serious criminals who might otherwise have been incarcerated. That said, IPS seems to work better for those with good employment records and when it is combined with particular treatment modalities such as cognitive behavioral treatment, which stresses such life skills as problem solving, social skills, negotiation skills, management of emotion, and values enhancement.
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Evaluate

99. Discuss the structure and the effectiveness of RCC programs.
ANSWER: RCC is a vehicle to provide intermediate sanctions as well as a prerelease center for those about to be paroled from the prison system and presents the most secure type of intermediate sanction. RCC has been used as a direct sentencing option for judges who believe particular offenders need a correctional alternative halfway between traditional probation and a stay in prison. One recent development has been the use of RCC facilities as DRC. These provide a single location to which a variety of clients can report for supervision and treatment. They can be successful at reducing recidivism but seem to work better with older and more experienced offenders, as opposed to younger offenders. On the other hand DRC participants with alcohol problems, criminal companions, and poor living situations are also more likely to fail, whereas those who receive counseling seem to do better.
REFERENCES: Intermediate Sanctions
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.09 Know what is meant by intermediate sanctions.
KEYWORDS: Evaluate

100. Outline the main premises of restorative justice. Discuss the challenges of this model and how these challenges may be overcome.
ANSWER: According to the restorative view, crimes share the common trait of brining harm to the community in which they occur. A justice policy is needed that repairs harm caused by crime and includes all parties that have suffered that harm, including the victim, the community, and the offender. Some crime experts believe that current policies based on getting tough on crime can cause crime rates to fluctuate higher and offenders to commit more crime. An important aspect of restorative justice is for offenders to accept accountability for their actions and responsibility for harm caused. While restorative justice holds great promise, there are some concerns. Programs need to be wary of the cultural and social differences found in a heterogeneous society. The greatest task is balancing the needs of offenders against those of their victims as entry into these programs may be tilted towards white offenders.
REFERENCES: Restorative Justice Programs
LEARNING OBJECTIVES: ESCJ.SIEG.17.10.10 Define restorative justice, and discuss its merits.
KEYWORDS: Evaluate

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