QUIZ ANSWERS FOR STUDYING

The due process model is not concerned with freedom or liberty.

False

Which agency of the government manages federal prisons?

Federal Bureau of Prisons

How might public opinion affect a prosecutor's decision to try a certain case?

Most prosecutors are elected, so their decisions should reflect community values.

A source of crime data collected from interviews used to gather information on unreported as well as reported crimes is called

NCVS

What is the penitentiary system in which each inmate was held in isolation during the night but worked with inmates during the day?

New York System

_________ created the inevitable discovery exception to the exclusionary rule.

Nix v. Williams (1984)

Which of the following is not a required component of the Miranda warnings?

Notification that suspects have the right to a speedy trial.

A person who is thought to be on the verge of getting into trouble is known by this acronym.

PINS

Inmates remained in their cells for eating, sleeping, and working in the _____ system.

Pennsylvania penitentiary

Redemption of the offender through the well-ordered routine of the prison was the goal of the _____ system.

Pennsylvania penitentiary

Which type of police officers accounts for two-thirds of all sworn officers?

patrol

Which of the following types of inmates will most likely be alienated from the rest of the population and targeted for abuse because they have violated the inmate code?

punk

The Massachusetts Stubborn Child Law was passed during what period?

puritan

In order for a stop to be permissible, officers must have:

reasonable suspicion

A return to criminal behavior is the definition of:

recidivism

Which is not one of the goals of punishment?

reeducation

________ would not be a considered a non-secure juvenile institution.

reform schools

Indeterminate sentences are most closely associated with which of the following philosophies of punishment?

rehabilitation

The goal of restoring a convicted offender to a constructive place in society is called:

rehabilitation

The model of corrections that emphasizes maintaining the offender's ties to the family and community as a method of reform is called the_____ model.

reintegration

The practice under which judges grant release if the defendant is employed and has roots in the community is known as:

release on recognizance

Which is not one of the four key components of the police subculture?

religious practice

Most police work is reactive, which means that police primarily:

respond to citizen calls for service.

Repayment by an offender to compensate a victim for their financial loss is known as:

restitution

This perspective on punishment requires a three-way approach that involves the offender, the victim, and the community.

restorative justice

Use of the death penalty is best described by which philosophy of punishment?

retribution

Which Supreme Court case began the "kids are different" period?

roper v. simmons

The term "reasonable expectation of privacy" is most relevant to which of the following police activities?

search

This philosophy of punishment seeks to target "career criminals" by locking them up for a lengthier timeframe than that of a first-time offender.

selective incapacitation

One of the purposes of boot camps is to build:

self esteem

Which of the following is another name for boot camp?

shock incarceration

A continuing issue for probation officers is the:

size of their caseloads.

The process in which members learn the symbols, beliefs, and values of a group is known as:

socialization

A ________ explanation of criminal acts argues that behavior is shaped by social group.

sociological

Punishment designed to affect the future choice and behavior of individuals and targeted at individuals who have already been convicted is called:

specific deterrence

A brief interference with a person's freedom of movement with a duration that can be measured in minutes is called a(n):

stop

Which of the following is one way in which prisons in the southern U.S. differed from those in the northeast?

The lease system was frequently used in southern prisons.

Which of these is not one of the criterion probation officers use to classify clients?

The likelihood of the offender finding work

Why does the NCVS not measure homicide?

Victims of homicide can't be measured

A small percentage of juveniles are placed on probation and released to the custody of a parent or guardian.

false

All 50 states impose death as a sentence.

false

An affirmative defense may be offered by the prosecution as evidence of a crime.

false

Crime policies are often enacted that are popular with the public but do little to actually reduce crime.

false

In most U.S. states, the upper age limit of the juvenile court is 17.

false

Public defenders have easy access to video technology that allows them to recreate a crime scene with computer-generated images.

false

The philosophy of community corrections assumes that:

both the offender and the community need to adapt.

Which of the following most accurately describes the discretion given to a prosecutor?

broad discretion

Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender are called:

civil infractions

Television has no real relationship to people's fears of victimization.

false

The CSI effect occurs when jurors are much more likely to convict because of the scientific evidence presented.

false

According to recent statistics, which of the following crimes do Americans fear the most?

identity theft

The theft of social security numbers, credit card numbers, and other information in order to secure items while posing as someone else is called:

identity theft

Which of the following is the most common type of cyber crime?

identity theft

Probation and intermediate sanctions are sentences imposed for lesser offenses in an effort to avoid the expense and consequences of:

imprisonment

Some states are facing a shortage of corrections officers due to:

increase in prison populations

Net widening occurs when the criminal justice system:

increases its control over a greater number of individuals.

Individuals who are too poor and do not have enough resources to pay for attorneys are considered:

indigent

Fines, restitution, and forfeitures are examples of ___________ sanctions.

intermediate

Home confinement is an example of what type of sanction?

intermediate sanction

Punishments that fall somewhere between probation and prison are known as:

intermediate sanctions

This unit of a police department receives and investigates complaints alleging violation of rules and policies by officers.

internal affairs

A major difference between male and female prisons includes:

interpersonal relationships

The fact that ex-inmates require both support and supervision as they try to remake their lives in the community:

is often cited by proponents of community corrections.

These individuals are the leaders of the courtroom team.

judges

Which correctional "era" was characterized by separate confinement, isolation, and inmate labor?

penitentiary

Crimes that are usually punished by a sentence of less than a year in jail, probation, and or/fines are called:

misdeameanors

An application to a court requesting that an order be issued to bring about a specified action is called a(n):

motion

According to your text, an example of a "visible crime" is

murder

In 2005, some survivors of Hurricane Katrina illegally entered closed grocery stores to take food. These survivors may argue they are not guilty using the defense of:

necessity

A child who is receiving inadequate care because of some action or inaction of his/her parents would be a:

neglected child

Which of the following is not one of the problems confronting the modern prison system in America?

overstaffing

The conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served is referred to as:

parole

One criticism of discretionary release is that the responsibility for releasing an inmate is shifted from a judge to the:

parole board

Supermax prisons

house the "toughest of the tough."

The standard currency in the prison economy has traditionally been:

cigarettes

What is the youngest age a juvenile can be waived to adult court in the United States?

10

On a national basis, felony inmates serve an average of _____ months before they are released.

14

In which decade did the goals of rehabilitation and reintegration give way to "risk management."

1970s

With technology becoming ever more pervasive, approximately ____ percent of adolescents have been bullied online.

25

The national average to incarcerate an offender for one year is:

25,000

Approximately what percentage of state inmates did not graduate from high school prior to their incarceration?

40

What percentage of offenders are sentenced to probation after being found guilty of a felony?

50

Most Americans who are charged with felonies have their cases adjudicated within what time frame?

6 months

People on probation currently make up what percentage of the correctional population?

60

American jails typically hold this amount of people on any one day.

600,000

Under common law, children were exempt from criminal responsibility until the age of:

7

Which of the following best describes the frequency of plea bargaining in the United States?

A vast majority of cases are plea bargained.

Which of the following is not a factor in how the judge determines the amount of the bail?

Admissibility of evidence gathered by the police

According to your text, which of the following statements best reflects racial victim crime statistics?

African Americans and other minorities are most likely to be the victims of violent crimes.

Which of the following is a reason imprisoned mothers have a difficult time maintaining contact with their children?

All of these are reasons imprisoned mothers have a difficult time maintaining contact with their children

Which of the following has been a factor contributing to the current reentry problem in the United States?

An increase in the number of drug offenders being released

The database containing DNA samples used by law enforcement is:

CODIS

This theorist argued that a criminal could be identified by physical attributes.

Cesare Lombroso

Which of the following would not be an example of a less-lethal weapon?

Chokehold

Which of the following statements concerning prison programs is true?

Classification of prisoners and assignment to various programs are often based on the needs of the institution.

Which of the following is not a role of the prosecutor?

Counsel for the court

Which of the following statements concerning crime rates and the prison population is true?

Crime rates have decreased and the prison population has increased since 1991.

_____ crime involves the use of computers and the Internet to commit acts against people, property, public order, or morality.

Cyber

The development of this technology has increased the number of people exonerated after being convicted.

DNA

One of the victims scratched her assailant and as a result the police were able to secure skin and blood samples. The police would use ____ to help determine if any matches existed.

DNA databases

This organization is responsible for controlling counterfeit drugs.

FDA

_______________ is punishment designed to be an example for the public.

General deterrence

Police departments analyze hot spots, crime trends, and other crime patterns with which of the following technologies?

Geographic Information System (GIS) technology and software

In which of the following situations is the use of force by a corrections officer against an inmate not allowed?

He has encountered an inmate who is disrespectful

The federal government uses a fingerprint data system called:

IAFIS

Which of the following statements regarding community corrections is true?

In general offenders assigned to community corrections have committed less serious offenses.

_______________ is the goal of punishment that is designed to keep offenders in prison so they do not cause harm to the public.

Incapacitation

Which has not been suggested as an explanation for the rise in youth crime?

Increased prosperity creating more targets of crime

________________ sentencing is a period set by a judge that specifies a minimum and a maximum time to be served in prison.

Indeterminate

Which of the following statements concerning the history of American correctional institutions is true?

It was common in the south for prisoners to work outside as farm laborers.

The organization _______ was formed because of a mother's heartbreak after the death of her daughter due to a drunk driver.

MADD

Which of the following would not be a condition of probation?

Maintaining good relations with your family

The difference between the Pennsylvania penitentiary system and the New York penitentiary system is the:

Pennsylvania penitentiary system had a separate system and New York had a congregate system.

Which statement regarding the police use of force is true?

Police use force infrequently.

In _______, the Supreme Court ruled that indigents facing the death penalty who are not capable of representing themselves must be provided counsel.

Powell v. Alabama

______________ explanations believe that criminal behavior results from a mental condition, a personality disturbance, or limited intellect.

Pshycological

Which of the following is not a main principle of classical criminology?

Punishment should be tailored to each individual person.

Which of the following is not a category of cyber crime?

Solicitation and prostitution

Which of the following would not be considered a feature of the crime control model?

Stresses individual freedom and law as values

In which case did the Supreme Court endorse a police officer's authority to stop-and-frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.

Terry v. Ohio (1968)

Which is not cited as a potential reason for the increase in the U.S. prison population?

The war on drugs Prison construction Increased arrests State politics Correct!!! All of the above are potential reasons for the increase in the U.S. prison population

Which of the following statements regarding the American prison population during the last 30 years is true?

There has been an increase in the number of both African Americans and Hispanics.

Which of the following statements regarding presentence reports is true?

They ease the strain of decision making for a judge.

The crime control model suggests that the criminal justice system operates to emphasize efforts to repress crime.

True

Victimless crimes are often mala prohibita offenses and may include gambling, prostitution, and marijuana use.

True

Who was the first man condemned to execution using the electric chair?

William Kemmler

During the 1960s and early 1970s, prisons began to feature which new aspect?

a counseling center

A drug treatment program in which offenders must visit for daily drug testing would be classified as:

a day reporting center

Studies have shown that a major motivation for becoming a corrections officer is:

a desire for a secure civil service job

A place that offers criminals penitence to punish and reform is:

a penitentiary

Someone who places a personal diary in a locked drawer within a bedroom of her home has demonstrated:

a reasonable expectation of privacy

When parole is revoked,

a revocation hearing is held.

Some behaviors, such as cigarette smoking and truancy, are only criminal if committed by juveniles, which is called:

a status offense

Which of the following is considered a form of new weapons technology?

a taser

The majority of searches take place without:

a warrant

New devices designed specifically to protect property or to assist police will generate ________ behavior by would-be lawbreakers.

adaptive

In which role does the judge uphold the rights of the accused in decisions about detention, plea, trial, and sentence?

adjudicator

Trials in the United States pit prosecutor against defense attorney, in a system referred to as the ______________ system.

adversarial

Police officers seeking a warrant must present a(n) ______ to a judge.

affidavit

Probable conditions of release to assist in readjustment to society may include which of the following?

all of the above

Successful prison reentry requires that parole and postrelease services focus on linking offenders with community institutions, including:

all of the above

The use of computers inside patrol cars has improved which of the following?

all of the above

A characteristic of a well run prison includes anything that enhances the comfort of the inmates, such as good food, clean cells, and recreational opportunities, which are referred to as:

amenities

A written statement of fact, supported by oath or affirmation and submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant, is the definition of:

an affidavit

Rates of recidivism for those under community supervision:

are lower than for those who go to prison.

Charges are not likely to be brought against offenders when victims:

are not credible

The formal court appearance of an accused person where the charges are read is called a(n):

arraignment.

A significant deprivation of liberty, involving taking a person into custody, transporting them to a police station or jail, and processing them into the criminal justice system, is called a(n):

arrest

For which offense are juveniles most likely to be arrested?

arson

the purpose of bail is to

assure that the accused appears for trial.

The _____ are private business people who are paid fees by defendants who lack the money to make bail.

bail bondsperson

At what point must Miranda warnings be given to suspects?

before being interrogated

The model that emphasizes reparations to the victim is known as:

community justice.

Which of the following intermediate punishment imposes the lowest level of control upon an offender?

community service

The defense attorney's responsibility is not to save the suspect, but to protect his/her _____ rights.

constitutional

________ theory, a type of social process theory, stresses that social links keep people in line with accepted norms.

control

Officers who participate in violations of law and departmental policy for personal gain are guilty of:

corruption

The Supreme Court ruled in Kent v. United States (1966) that juveniles have the right to:

counsel

Each offense that a prosecutor charges a person with in an indictment is a(n):

count

In 1996, the United States had to redesign American currency to combat:

counterfeiting

The most common form of identity theft is ____ fraud.

credit card

According to a 2011 poll asking Americans about the most important problems facing the country, which of the following was not among the top 11 problems cited?

crime

A model of the criminal justice system that emphasizes efficiency, speed, and finality as well as the capacity to apprehend, try, convict, and dispose of a high proportion of clients is called the ________ model.

crime control

During which period did punishments became harsher for juvenile repeat offenders?

crime control

What model of corrections is based on the assumption that criminal behavior can be controlled by greater use of incarceration and other forms of strict supervision?

crime control model

The goals of incapacitation, deterrence, and retribution would best be realized with the ______ model.

custodial

When a sentence has a fixed term of imprisonment at a specific period, it is referred to as _____ sentencing.

determinate

Which two elements of police work define the working personality?

danger and authority

The term referring to the idea that much more crime occurs than is reported to police is

dark figure of crime

The person who represents accused and convicted persons in the criminal justice system is known as the:

defense attorney

A child who has committed an act that if committed by an adult would be criminal would be a:

delinquent child

A child who has no parents or guardian or whose parents/guardinas cannot give proper care would be a:

dependent child

The process of screening children out of the system without a decision is called a:

diversion

Violent victimization that may occur between intimate partners, which frequently requires the use of officer discretion, is called:

domestic violence

Government officials began to rethink sentencing policies that caused prison populations to skyrocket since the 1980s. In particular, they gave consideration to greater utilization of probation and community corrections for _____ offenders.

drug

Assembly-line justice is primarily a phenomenon that occurs during which phase of the criminal justice system?

during the pretrial process

American trial courts are highly decentralized. This means that:

each jurisdiction decides on how to run their courts.

A reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs is called:

earned time

The __________ points to the impact of the drug trade, especially crack cocaine, and the related increase in gun use and possession by youths as the cause of increases in youth crime.

environmental view

An example of a political crime is

espionage

The application of force against individuals by police officers that violates either departmental policies or constitutional rights by exceeding the level of force permissible in a given situation is called:

excessive use of force

When there is an immediate threat to public safety or the risk that evidence will be destroyed , officers may search, arrest, or question suspects without obtaining a warrant. This is termed:

exigent circumstances

The war on drugs has drastically reduced drug use.

false

Values and norms do not affect the functioning of a courtroom.

false

Crimes usually considered and punished by more than a year in state or federal prison are called:

felonies

Serious crimes that usually carry a penalty of incarceration for more than one year or the death penalty are

felonies

Excessive use of force violates the _________ Amendment?

fourth

The __________ Amendment guarantees citizens protection against "unreasonable search and seizure."

fourth

The phrase "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" may be found in which Amendment?

fourth

This type of youth violence is related to the drug trade and causes fear in neighborhoods.

gang violence

The police believe the rapist may have committed similar acts in other cities. The police would use ____ to help determine if this was the case.

geographic information systems (GIS)

The view held by local court officials as to the proper sentence, given the characteristics of the case, is known as the:

going rate

Officers who participate in small payoffs, such as exchanging money for not writing a ticket, are called:

grass eaters

New technology allows law enforcement to detect these by using sensors strategically placed throughout various neighborhoods.

gunshots

Prior to the invention of the electric chair, the method of execution most often used in the United States was:

hanging

Prisoners who receive expiration release:

have "maxed out" on their time.

The political era of policing was characterized by:

hiring of officers through connections to elected officials

The primary function of jails is to:

hold persons for less than 1 year.

During the _______ period, the rights of juveniles were expanded.

juvenile rights

During which period did the Supreme Court rule that people who commit a murder while under the age of 18 cannot be executed for the crime?

kids are different

The use of waiver to adult court was reduced sharply during this period.

kids are different

Impressions of the unique pattern of ridges on the fingertip that are left behind on objects are called:

latent fingerprints

The police function of controlling crime by intervening in situations when the law has been violated and the police must apprehend the guilty person is called:

law enforcement

Which theory views family and peers as primary influences on criminal activity?

learning theory

Weapons that are meant to incapacitate a suspect without inflicting serious injuries are called:

less lethal weapons

Which is currently the preferred method of execution in the United States?

lethal injection

State correctional facilities are classified according to which of the following criteria?

level of security

Which is not a reason for the rise of youth crime?

lowering divorce rates

According to the theory of broken windows, police should focus more on:

maintaining order by being attentive to "little problems."

The problems associated with total power, rewards and punishments, exchange relationships, and inmate leadership:

make prisons more difficult to govern than other institutions.

Which of the following is not a responsibility of judges?

making arrests

Crimes such as murder or assault that are traditionally "wrong in themselves" are called

mala in se

Crimes such as gambling or prostitution that are not "wrong in themselves" but are prohibited by government are called

mala prohibita

When an inmate is released after he/she has served time equal to the total sentence minus good time, it is known as _____ release.

mandatory

States that do not use parole boards use which of the following methods of release?

mandatory relaease

GIS technology is used to:

map crime to identify "hot spots."

A guilty or blameworthy state of mind describes the element of:

mens rea

In which U.S. Supreme Court case was it established that criminal defendants must be read their rights?

miranda v. arizona (1966)

Defendants may deposit up to 10 percent of the full bail with the court. The full amount will be required if they do not appear. If they appear, the money will be refunded except for 1 percent. This is an example of:

percentage bail

The juvenile court processing of delinquency cases typically begins with a(n):

petition

Medium security prisons:

place greater emphasis on work and rehabilitation than maximum security prisons.

The _________ doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be.

plain view

Officers who partake in a wide range of practices, including abusive language, physical force, and/or violence, are guilty of:

police brutality

​Jerry was 12 when he first shoplifted and by the age of 14 had a rather lengthy record of delinquency. The last attempt at shoplifting did not end so well and he was caught. He is now facing the juvenile justice system, again. The decision to take Jerry into custody, detain him following apprehension, or refer him to court is called:

police interface

Before passing a sentence the judge will receive a _______ report from a probation officer.

predispositional

Which is not an intermediate sanction?

prison

To obtain an arrest warrant, police must demonstrate:

probable cause

The majority of juveniles found delinquent are sentenced to:

probation

This particular sentence is the most frequently applied criminal justice sanction and allows the offender to serve his or her sentence in the community under supervision.

probation

A correctional officer's roles have changed dramatically: they are expected to counsel, supervise, protect, and _____ the inmates

process

During plea bargaining, a multiple-offense indictment may be used by a(n):

prosecutor

By the 1940s the development of _______ as a field of social science research led probation officers to shift their emphasis from moral leadership to therapeutic counseling.

psychology

The principle goal of community corrections is to:

punish the offender with the least restrictive alternative.

The symbols, beliefs, and attitudes shared by members of a subgroup within a larger society are collectively referred to as a:

subculture

The definitions of crimes and people eligible for punishment are spelled out in:

substantive criminal law

In which type of prisons do inmates spend up to 23 hours a day in their cells?

supermax

probation is defines as

supervised release under specified conditions.

State courts of last resort are usually called:

supreme courts

In Lansing, Michigan, police officers can search for warrants on citizens by simply:

swiping their driver's license

Which of the following was not a reason that a larger number of felony defendants had their cases dismissed?

sympathetic judges

________ becomes an element in the interaction, competition, and conflict between human beings who have opposing objectives.

technology

The fear of crime is fed by

television. news media. personal communication in social networks.

Henry Fielding organized a group of "thief takers" to pursue and arrest law breakers, which became known as:

the bow street runners

In its original, underlying philosophy, the juvenile justice system is primarily concerned with the interests and needs of:

the child

Nolle prosequi is:

the decision of the prosecutor to drop a case.

The set of rules and values that develop within the prison social system and guide prisoners' behavior is called:

the inmate code

Which of the following is not one of the five factors that officers must take into account when exercising discretion?

the rank of the responding officer

Which of the following is not a condition for the issuance of a warrant?

the suspect must be informed of his/her rights

In the early parole system in the United States, prisoners were released on parole when:

their conduct showed they were ready to return

Which of the following statements about public defenders is true?

they often face heavy case load

The earliest form of parole employed:

tickets of leave

A predominant goal in juvenile corrections is to avoid incarceration if possible.

true

American crime rates for many crimes have dropped since the early 1980s.

true

Borders and airports always allow searches without warrants.

true

Changes in the Supreme Court's composition may affect decisions concerning specific legal issues.

true

Community corrections must have public support to be successful.

true

Criminal offenders can sometimes be identified through the DNA of family members if their own DNA is not available for testing.

true

Due to discretionary release, few inmates serve the full sentence handed down by the judge at sentencing.

true

Even though the Constitution guarantees the right to a public trial, courts may place limits on how many members of the public may view each trial.

true

In some states, individuals whose names appear on the sex offender registry have committed very-low-level offenses, such as public urination.

true

In the case of In re Winship (1970),the Court held that proof must be established "beyond a reasonable doubt" and not on "a preponderance of the evidence" before a juvenile could be classified as a delinquent.

true

Jurors who conduct their own Internet investigations can cause mistrials.

true

Juveniles waived to adult court may be sentenced to adult prisons.

true

Misdemeanor courts hear about 90 percent of criminal cases

true

Much of the criticism of juvenile justice has emphasized the disparity between the treatment ideal and the institutionalized practices.

true

Over 200 people have been freed from prison after DNA testing proved they were actually innocent of the crimes for which they were convicted.

true

Some defendants plead guilty even when they are innocent.

true

Surveillance cameras that monitor and ticket people who run red lights are potentially in conflict with citizens' civil liberties.

true

The U.S. Supreme Court has ruled that prisoners do not share the same rights against unreasonable search and seizure as nonincarcerated individuals.

true

The juvenile function of police work is concerned largely with order maintenance.

true

When offenders are finally released on parole, many have a difficult time adjusting to the outside world.

true

Laws that require offenders to serve a substantial proportion of their sentence before being released is known as:

truth-in-sentencing laws

Psychoanalytic theory explains criminal behavior as resulting from a(n)

underdeveloped or overdeveloped superego.

___________ is not an emphasis of the FBI?

vandalism

Offenses against morality involving a willing and private exchange of goods and services that are illegal but in strong demand are called ________ crimes.

victimless

Which of the following would not be considered a feature of the due process model?

viewed as the "Assembly line model"

Which of the following types of crime includes homicide, assault, and rape?

visible crime

_______ is a procedure by which the juvenile court transfers a juvenile case to the adult criminal court.

waiver

If a person is criminogenic, he or she

was born a criminal

The practice of assigning individuals to night duty so as to warn the public of crime was called the _________ system.

watch

Which is not a sentencing option for juvenile court judges?

work release

Research conducted by the Bureau of Justice statistics has found that most prisoners are:

young minority males with less than a high school education.

Which of the following is not a characteristic of assembly-line justice?

​Courts are focused primarily on the rights of defendants.

Which of the following statements about technology and crime is true?

​Lawbreakers can develop and use technology for the purpose of committing crimes.

Which of the following is not a reason states have recently sought to decrease their prison populations?

​The public mood has shifted in favor of parole over incarceration.