Punishment
Pretrial Release
Diversion
Pre-sentencing
Probation
100
Define Community Corrections & Give 1 Purpose Of It
“Community corrections supervises people who are under the authority of the criminal justice system but who are not in prison or jail.” It's missions include: (1) repairing harm to the victim or community (2) reducing risk of re-offending, and (3) reducing costs to taxpayers & overcrowding
100
What is a property bond?
Defendant posts property title as collateral with court and failure to report results in the bond being forfeited – i.e., handing over the property
100
A typical candidate for diversion includes ….
(1) Youthful or first-time adult offenders, (2) Persons w/ special needs e.g. mental illness and (3) Persons who require treatment for a problem e.g., drug/alcohol abuse
100
What is the purpose of a victim impact statement in a Presentence Investigation Report?
Victim Impact Statement focuses juries attention on victim & family’s ability to deal with grief.
100
What is Probation?
"The community supervision of a convicted offender in lieu of incarceration, under conditions imposed by the court, for a specified period of time”
200
What is the difference between Specific Deterrence and General Deterrence?
Specific deterrence is specific to the individual being punished (deterring someone from committing more crime). General deterrence is not specific to an individual’s experience with crime (deterring the public from committing crimes).
200
True or False: Whether a case was plea-bargained or went to trial matters when granting an offender a sentence to community corrections
TRUE: The accused has the right to have 12 people hear the evidence but even if innocent, may take a plea. Plea bargaining is an admission of guilt in exchange for a reduction in the charge
200
What happens if someone does not successfully complete a diversion program?
Person goes to trial for original offense & can be sentenced, if convicted. However, if successfully completed, charges can be dismissed.
200
True or False: Offender-based PSI reports coincide with the indeterminate sentencing structure
TRUE: Offender-Based PSI reports = Part of indeterminate sentencing structure. Offense-Based PSI reports = Part of determinate sentencing structure
200
How do children differ from adults in the criminal justice system?
Absent mens rea (i.e., guillty mind), they shouldn’t & can’t be punished like adults; below a certain age, mental intent to commit an act and understand the consequences is undeveloped
300
What are the 2 components of the Principle of Retribution?
What is (1) the severity of the crime and (2) the culpability of the offender
300
Who makes the decision of a pre-trial release?
Who is the court judge
300
State 1 major finding in the article: "I Don’t See Myself as Prison Material: Motivations for Entering a Rural Drug"
Most participants were motivated by the desire to avoid prison/jail. Other participants (62%) discussed recovery from drug use as their motivation
300
Under this sentencing model, judges determine who goes to prison & the parole board determines when offenders are ready for parole
What is Indeterminate Sentencing; Indeterminate sentencing focuses on rehabilitation so has a broad sentencing range. Thus, parole board decides readiness for release
300
What two things are considered in juvenile court jurisdiction?
Age & Offense
400
Recidivism is the return to criminal behavior, which is typically measured by: Re-_________ (fill in the blank)
What is (1) Re-arrest, (2) Re-conviction, or (3) Re-incarceration
400
Pretrial services have two functions: (1) to decide who to release & who to detain and (2) to make sure offenders ……
…. to make sure offenders appear at their next court date
400
List: 1 benefit & 1 criticism of diversion programs in general
Benefits: (1) Avoids the neg. aspects of incarceration, (2) Addresses specific issues, (3) Provides rehabilitation in the community… Criticisms: (1) Best response unclear if requirements unfulfilled, (2) People differ in terms of their needs, (3) Perceived as excusing defendants
400
The PSI Report shifted from offender-based to offense-based. Explain the difference & the reason for the shift.
Offender-Based PSI Reports focus on offenders’ social history and on rehabilitation. Offense-Based PSI Reports focus on harm done to victims and on the crime…. Content changed to reflect the change from indeterminate to determinate sentencing
400
How does Juvenile Delinquency differ from Conduct Indicating Need of Supervision (CINS)?
Juvenile delinquency = acts punishable under state law; Conduct in Need of Supervision (CINS) = acts that aren’t punishable if committed by adults, deemed status offenses like curfew violations, under-age drinking, etc.
500
The 2 groups of people who can be placed under community-based corrections
What is offenders and defendants
500
What are 2 things taken into consideration during pre-trial release decisions?
What is risk of danger to public (i.e., Criminal History) and risk of failing to appear (FTA) (i.e., Social History)
500
What makes drug courts a diversion program?
Diversion gives certain offenders a chance to address specific issues & can result in a dismissal of charges. Drug courts integrate treatment w/ case processing & successful completion may lead to a dismissal of charges
500
Note one major difference between the Justice Model of Supervision and the Neighborhood-Based Model
Justice Model: (1) Advocates more sanctions corresponding w/ the harm, (2) Relies on determinate sentencing, (3) Focus on supervision & compliance, (4) Reparation to the victim or community… Neighborhood-Based Model: (1) Focus on the community of return, (2) Emphasis on public safety, (3) Partnerships w/ police, treatment providers, etc.
500
Eplain this role conflict within probation officers, as noted in Gray article
Law enforcers – supervising to ensure compliance with probation conditions. Therapeutic agents – supervising to manage risk by providing treatment/help towards constructive adjustments… But, the 2 styles can work together
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