Chapter 12 Flashcards

(43 cards)

1
Q

Probation Define

A

A sentence entailing the conditional release of a convicted offender into the community

Under supervision of the court

Subject to certain conditions for a specified time

Supervised by probation officers

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2
Q

What is probation an alternative to?

A

incarceration;

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3
Q

Maximum probation supervion in NJ

A

1-5 YEARS maximum (ON FINAL)
Most probation terms in NJ range from 1 to 5 years

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4
Q

NJ Probation conditions

A

Can be held WITHOUT bail if you violate probation
Probation officers can search without a warrant
Must cooperate with probation officers in any medical/psychological examination
NO GUNS
Extradition clause

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5
Q

Explain the extradition clause

A

If detained in any other state while on probation, NJ will arrest you
You give consent and are unable to fight it

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6
Q

If you are 23 years old, and go through probation, how much time do you have to spend in probation

A

1 year

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7
Q

Parole vs. probation sentence wise

A

Parole is a remainder of a prison sentence, but probation is an alternative to conviction

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8
Q

Difference between probation and parole officers

A

parole officers carry guns whileprobation dont

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9
Q

What is intesive supervision pprobation?

A

form of probation with much stricter conditions and much closer monitoring than standard probation. It is typically designed for offenders who are considered too dangerous or “high risk” for regular probation,

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10
Q

Why are community sentences popular?

A

○ Less costly
○ Offender maintain family and community ties
○ Can be structure to maximize security and maintain public safety
○ Scaled in severity to correspond to the seriousness of the crime
○ Can feature restoration and reintegration
§ Restoration= restore everyone involved
□ Offender apologizes and restores victims
○ Can acts as a second chanc

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11
Q

What are tasks of probation officers

A
  1. investigation
  2. Intake
  3. Diagnosis
  4. Treatment Supervision
  5. Risk Classification
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12
Q

Defind judicial reprieve

A

allowed judges to suspend punishment

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13
Q

What does judicial reprieve allow convicted offenders to do?

A

Seek a pardon
Gather new evidence
Demonstrate they had reformed behavior

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14
Q

Define the practice fo recognizance

A

Enabled convicted offenders to remain free if they agreed to
enter into a debt obligation with the state

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15
Q

Who are probation orders for internet use for

A

sex offenders

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16
Q

When Can Probation Be Revoked?

A

Fails to comply with rules

Disobeys reasonable requests to meet treatment obligations

Commits new criminal offense

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17
Q

What do probation officers do in investigation/

A

Serves as basis for sentencing

Controls whether defendant granted community release or secure confinement

Provides foundation for shaping treatment program and supervision efforts

Learn more about offender’s life, background, circumstances

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18
Q

define intake

A

Process where probation officer works with all parties to design resolution

19
Q

what happens if intake is successful?

A

Settles case at initial appearance before formal proceedings start

20
Q

What happenes if intake is unsuccessful

A

Case taken to court

21
Q

WHat is diagnosis for?

A

Used to select appropriate treatment modes

22
Q

What does treatment supervision do?

A

Program of therapy designed to help offender deal with problems that resulted in antisocial behavior

23
Q

What does risk classification do?

A

Categorizing probationers and then assigning them to a level and type of supervision based on their particular needs and the risks they pose to the community.

24
Q

What are the three risk levels?

A

Low risk: Minimal supervision
Medium risk: Moderate supervision
High risk: Intensive supervision

25
Positive indicators that are associated with success of probation
Married with children Lived in area 2+ years Adequately employed Stability helps people succeed
26
High risk profiles associated with failure of probation
Young males Unemployed or very low income Prior criminal record History of instability Long histories of substance abuse Most likely to be rearrested
27
Most serious criminans who recieve probation likelihood to recidivate
less likely
28
Fines define
Monetary payment imposed on offenders as intermediate punishment
29
Define forfeiture
Seizure of personal property by the state as civil or criminal penalty State takes your stuff
30
define criminal forfeiture
Target criminal defendants after conviction Requires criminal conviction
31
Civil forfeiture define
Target property used in crime Do NOT require formal criminal proceedings against person Do NOT require person be proven guilty Property itself is "guilty"
32
How was forfeiture reintoduced as?
RICO Act (Racketeer Influenced and Corrupt Organization) Continuing Criminal Enterprises Act
33
Define restitution
Condition of probation where offender repays society or victim for trouble inflicted Compensation to victim
34
Types fo restitution
Monetary Restitution Pay victim money for losses Compensate for damages Community Service Restitution Work for community Unpaid labor Give back to society
35
What si the concept fo specialized probation
Teams of probation officers take on clients convicted of one specific type of crime - rather than treating mixed bag of offenders
36
Benefits of specialized probation
Officers can develop specific treatment and control skills Expertise in particular offense types Better outcomes
37
Current trends shaping future for probation
1. Making probationers pay 2. Enhance community engagement 3. Area Needs (addressing specific community needs) 4. Specialized Probation 5. Privatization (private companies manage probation ) 6. Swift and Sure punishment - immeidate consequences fo violations
38
Define intermediate sanctions
specific subset of criminal sanctions. They fall in between standard probation and prison
39
Why do intermediate sanctions exist?
Fill gap between too lenient (probation) and too harsh (prison) Graduated sanctions Match punishment to offense severity
40
Common types of intermediate sanctions
House Arrest Electronic Monitoring (Ankle Bracelets) Boot Camps ("Shock Incarceration") Day Reporting Centers (You go to a center 8 hours a day for treatment, then go home to sleep). Intensive Supervision Probation (ISP)
41
Advantages of intermediate sanctions
1. potential to save money 2. fair, equitable, and proportional sentneces 3. increased control 4. reduce overcrowding 5. cab used with different classes of offenders- flexibility 6. Halfway- back strategies- probation and parole iolators
42
Concept of restorative justice
Defendants asked to confront: Their behavior Damage caused to victim Shame brought to family, friends, and community
43
Process of restorative justice
Sitting defendant and victim together Defendant apologizes Healing process for all involved Restore everyone involved