Chapter 10 Knowledge Check

Chapter 10

Quiz yourself using the following chapter review questions to check how well you can recall the material.

Review Questions

1. True or false: Probation offers individuals the option to serve their sentence in the community with supervision, and if they violate any terms of probation, they may face incarceration based on the original sentencing decision.
2. True or false: The U.S. Supreme Court case Morrissey v. Brewer (1972) established that parolees are entitled to certain rights during revocation hearings, including written notice of alleged violations and the right to confront witnesses.
3. Who is considered the pioneer of probation in the United States, having introduced the concept of probation as an alternative to incarceration in the 19th century?
   1. Sir Walter Crofton
   2. Zebulon Brockway
   3. John Augustus
   4. Alexander Maconochie
4. In March 1840, Captain Alexander Maconochie developed the innovative mark system that laid the foundation for the modern _________ system.
5. Which of the following rights were extended to probationers in the Gagnon v. Scarpelli (1973) ruling as part of their due process protections?
   1.  The right to remain silent during hearings.
   2. The right to receive notice of the alleged violations.
   3. The right to an automatic sentence reduction upon good behavior.
   4. The right to be free from any type of hearing related to violations.
6. __________ programs involve the oversight of the criminal justice system and are used to defer charges, providing that the individual successfully completes the treatment.
7. This type of punishment requires offenders to complete a specified number of hours of unpaid labor as part or all of there formal sentence, with the goal of contributing positively to society:
   1. Shock incarceration
   2. Intensive supervision
   3. Forfeitures
   4. Community service
8. Which form of split sentencing involves a judge imposing a sentence in which the convicted individual serves a relatively brief period of incarceration intended to “scare” them, followed by a longer term of community supervision as an additional punishment?
   1. Shock probation
   2. Shock incarceration
   3. Split sentencing
   4. Shock parole
9. True or false: Research has shown that extralegal factors can influence the likelihood an individual receives an intermediate sanction rather than imprisonment.
10. True or false: The fourth generation of risk assessments were the first to introduce dynamic risk factors.
11. _________ release is given to incarcerated individuals who are terminally ill, regardless of their eligibility to other types of release.
12. True or false: The pre-sentencing report is not used by judges to help determine the type of sanction to give the guilty party.
13. A ________ forfeiture can only occur after an individual has been convicted of a crime, while a *civil* forfeiture can occur without a criminal conviction.
14. _________/_________ is the unintended consequence of intermediate sanctions, wherein the population under the criminal justice system’s supervision expands rather than reduces.
15. True or false: Probation in America is primarily used for serious crimes and individuals with prior convictions, requiring them to serve time in prison rather than remain in the community under criminal justice supervision.

Answer Key

1. True. Probation allows individuals to serve their sentence under supervision in the community, but violations of probation terms can lead to incarceration based on the original sentencing decision.
2. True. The Morrissey v. Brewer decision established that parolees have certain rights when facing parole revocation, similar to the rights of probationers. These rights include written notice of alleged violations, the right to a preliminary hearing, and the opportunity to present evidence and confront witnesses.
3. John Augustus. John Augustus is credited with pioneering the concept of probation in the United States. In 1841, he advocated for the release of individuals charged with minor crimes under specific conditions, emphasizing rehabilitation over incarceration. His work laid the foundation for modern probation systems.
4. Parole. Captain Alexander Maconochie implemented his pioneering mark system on Norfolk Island, which played a key role in the development of the modern parole system. His approach focused on rehabilitation and accountability.
5. The right to receive notice of the alleged violations. The Gagnon v. Scarpelli ruling extended several rights to probationers as part of their due process protections, including the right to receive notice of the alleged violations, the right to a preliminary hearing, and more.
6. Pretrial diversion. Pretrial diversion programs are implemented after an individual is arrested but before a conviction, allowing the individual to remain under the oversight of the criminal justice system. These programs involve the deferment of charges contingent on the individual’s successful completion of a treatment plan. However, failure to complete the treatment plan results in the reinstatement of charges.
7. Community service. Community service involves offenders completing unpaid work to make amends and help the community.
8. Split sentencing. Split sentencing generally involves a relatively brief period of incarcerations that is usually served within a jail, and followed by a more lengthy probationary term. This approach is typically utilized for first-time offenders and seeks to reduce the prison population while supplying offenders with an opportunity to reintegrate into society under the supervision of the criminal justice system.
9. True. Research has shown that extralegal factors, such as race, socioeconomic status, or gender, can indeed impact the likelihood of an individual receiving intermediate sanctions instead of imprisonment.
10. False. The third generation of risk assessments were the first to introduce dynamic risk factors.
11. Compassionate. Compassionate release is granted to individuals who are terminally ill, allowing them to be released from incarceration due to their medical condition, regardless of whether they would otherwise be eligible for parole or other forms of release
12. False. The pre-sentencing report is used by judges to help determine the appropriate sanction for the guilty party. It provides vital information about the offender’s background, criminal history, and other factors that can influence sentencing decisions.
13. Criminal. Criminal forfeitures transpire after a conviction of a crime, while civil forfeitures can occur independently of a criminal conviction, and are based on suspicion of criminal activity.
14. Net-widening. Net-widening refers to the unintended consequences where intermediate sanctions, such as electronic monitoring, day reporting, etc. lead to more individuals being placed under supervision than initially intended, increasing the total population under the control of the criminal justice system.
15. False. Probation is not generally employed for individuals who commit serious crimes, and rather it is intended to be utilized as a punishment for less serious offenses, offering individuals an opportunity to remain in the community under criminal justice supervision rather than being incarcerated.