Probation and Parole: Exam 2

Pretrial DIversion

procedure where criminal defendants are diverted to either a community-based agency for treatment or assigned to a counselor for social and or psychiatric assistance.

Jail Boot Camps

these are short term programs for jail inmates serving short sentences of less than one year.

U.S. Sentencing Guidelines Grid

this is a chart that is used in presumptive sentencing which provides judges with a point system based on a variety of things such as criminal history, severity of the crime, etc to base their sentence off of.

Pre-sentence Investigation Report

this is a document created, usually by a probation agency or officer which provides background information on the convicted offender, including name, address, age, occupation, potential for employment, the crimes involved, relevant circumstances associated with the crime, family data, evidence of prior record, marital status, and other relevant data.

Felony probation

this is a probation program designed for more severe offenses. This type of probation is structured and supervised more intensely.

Combination Sentencing/ Split Sentencing

this is a procedure whereby judge imposes a sentence of incarceration for a fixed-period, followed by a probationary period of fixed duration -similar to shock probation

Georgia Intensive Supervision Probation Program

this is a program that established three phases of punitive probation conditions for probationers; phases moved probationers though extensive monitoring and control to less extensive monitoring, ranging from 6-12 months; program has demonstrated low rates of recidivism among participants.

Just Desserts Model

model emphasizes equating punishment with the severity of the crime. Offenders should get what they deserve and retribution is the most important component.

What are the three primary aims of the Victim-Offender Reconciliation Project (VORP)?

1. Offender accountability 2. Recidivism reduction 3. Heighten responsibility of offenders through victim compensation and repayment for damages inflicted

By what date did all states have juvenile probation programs?

1927

By what date did all states have statutes authorizing the use of probation as sanctions for adults?

1957

Bearden v. Georgia

Bearden plead guilty to burglary and theft by receiving stolen property but the court did not enter a judgment of guilt and sentenced petitioner to probation on the condition that he pay a bunch of fines. Bearden paid some of the fines but then lost his job and was unable to pay the rest so his probation was revoked. -the court determined that probation cannot be revoked when the probationer is indigent (poor)

Black v. Romano

Black a probationer had his probation revoked by the sentencing judge because of program violations. The defendant had left the scene of an automobile accident. The judge gave reasons for his revocation but did not indicate that he had considered any option other than incarceration. -the court decided that a judge does not have to consider additional alternatives to incarceration before revoking probation

Conditional Diversion Programs

Diversion programs that involve some behavioral monitoring by probation officers. The degree of the monitoring depends on the conditions of the diversion program and the special needs of divertees.

Unconditional Diversion Programs

Diversion programs that place no restrictions on a divertee's behavior.

James Bronson Reynolds

He was an early prison reformer who was appointed head worker of the University Settlement which was involved in probation matters.

Who drafted the first PSI in 1841 and was seen as the father of probation?

John Augustus

Mempa v. Rhay

Mempa pled guilty to the burglary charge, and the court revoked Mempa's probation and sentenced him to ten years in prison. Six years into his sentence he filed for an appeal on the grounds that he was denied the right to counsel. -the court ruled that poor people are still entitled to counsel.

Presumptive Sentencing

Otherwise known as "guidelines based sentencing" which is a specific sentence, usually expressed as a range of months, for each and every offense or offense class. In this case the sentence must be imposed in all unexceptional cases, but when there are exceptional cases judges have some discretion to lengthen or shorten the sentence.

Why have PSI's been criticized

PSI's have been criticized because of the subjectivity inherent in their preparation. Probation officers report both factual background information as well as their personal impressions about offenders. The way that offenders are perceived depends on the person and their experience.

Gagnon v. Scarpelli

Scarpelli was caught in a burglary. He was informed of his rights and he admitted to committing the felony, an admission he later claimed was made under extreme duress. His probation was revoked because of the violation and he was imprisoned. He was not given a hearing. Two years later he filed for an appeal on the grounds that he was not accorded due process. -the court decided that a probationer is entitled to a hearing when revocation is an option

Seamless Probation

Teamwork between PO and Treatment Services during which offenders are transitioned into different levels of care as they progress through their treatment programs by either increasing or decreasing their level of care.

Alternative Dispute Resolution

This is a community based, informal dispute settlement between offenders and their victims often referred to as restorative justice. The aim of this program is to accommodate both parties and emphasize restitution rather then punishment.

Determinate Sentencing

This is a fixed term of incarceration that must be served in full, less if any good time is earned while in prison.

Pre-sentence Investigation

This is a written summary of information obtained by the probation officer through interviews with the defendant and an investigation of the defendant's background. This summary includes a variety of information that aids the judge in determining appropriate sentencing for the crime committed.

Mandatory sentencing

This is the imposition of an incarceration sentence of a specified length, for certain crimes or certain categories of offenders and where no option of probation, suspended sentence, or immediate parole eligibility exists.

Judicial Reprieves

This is where a convicted offender's incarcerative sentence is suspended for an indefinite period of time. These reprieves showed the discretion and leniency of judges.

Meritorious Good Time

This is where good time credit is earned by exceptional act or service.

Earned Good Time

This is where inmates acquire good time by good behavior, participation in education or self-improvement programs and work programs.

Statutory Good Time

This is where inmates acquire good time by serving time without problems or incidents.

Due Process/ Justice Model

This model emphasizes punishment as a primary objective of sentencing.

Limited Risk Control Model

This model is a method of supervising offenders based on anticipated future criminal conduct; this method uses risk assessment devices to place offenders in an effective control range.

Indeterminate Sentencing

This occurs when the court sets explicit or implicit upper and lower limits on the amount of time to be served by the offender

Intensive Supervised Probation

This type of probation is a supervised probation under a probation officer which involves close monitoring of offender and activities by various means.

Standard Probation

This type of probation is essentially no supervision at all. The probationer's contact with PO is minimal and often done by telephone or letter once or twice a month.

Therapeutic Jurisprudence

attempts to combine a "rights" perspective- focusing on justice, rights and equality issues- with an "ethic of care" perspective- focusing on care, interdependence, and response to needs.

Defendant's Sentencing Memorandum

this is a statement that is attached to the PSI which has the offender's version of the offense which typically contains mitigating information and the severity of one's sentence might be reduced.

Continuum of Sanctions

this is a system of punishments ranging from verbal reprimands and self-imposed behavioral restrictions to imprisonment such systems of sanctions are called graduated systems because each violation of a probation's program results in a possible transfer to a more serious level of supervision.

Supervised release

this is basically probation and is imposed after serving a term of imprisonment.

Shock probation

this is the act of placing an offender in prison for a brief period, primarily to give him or her a taste of prison life and then releasing the person into the custody of a probation/parole officer

Offense Seriousness Score

this is the number based on criminal offense severity and a number of other factors; this typically determines the offender's offense level and crime seriousness. It is also used in guidelines-based sentencing schemes to determine how long a person will be incarcerated.

Treatment/ Medical Model

this model considers criminal behavior as an illness to be remedied. This model says that incarcerating criminals does not treat the illness; rather, it separates the ill from the well. When released the ill continue to be ill and are likely to commit further crimes.

Community Model

this model is emphasizes offender reintegration into the community. It stresses offender adaptation to the community by participating in one or more programs that are a part of community-based corrections.

Rehabilitative Model

this model stresses rehabilitation and reform.