Intro to Criminal Justice Chapter 10 Vocab & Notes
Intro to Criminal Justice Chapter 10 Vocab & Notes CCJ 2020
Popular in Introduction to Criminal Justice
Popular in Criminology and Criminal Justice
This 8 page Class Notes was uploaded by Ryan Desjardins on Monday March 14, 2016. The Class Notes belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 157 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
Reviews for Intro to Criminal Justice Chapter 10 Vocab & Notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 03/14/16
Chapter 10 Vocab amp Notes Vocab 1 ProbationA sentence entailing the conditional release of a convicted offender into the community under the supervision of the court in the person of a probation of cer subject to certain conditions for a speci ed time 2 Judicial Reprieve The common law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon gather new evidence or demonstrate that they had reformed their behavior 3 RecognizanceThe medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior 4 Sureties During the Middle Ages people responsible for the behavior of an offender released before trial 5 Probation Rules Conditions or restrictions mandated by the court that must be obeyed by a probationer 6 Revocation An administrative act performed by a parole authority that removes a person from parole or a judicial order by a court removing a person from parole or probation in response to a violation on the part of the parolee or probationer 7 Suspended Sentence A prison term that is delayed while the defendant undergoes a period of community treatment If the treatment is successful the prison sentence is terminated 8 Presentence lnvestigation An investigation performed by a probation officer attached to a trial court after the conviction of a defendant 9 lntake The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings also the process in which a juvenile referral is received and a decision is made to le a petition in the juvenile court release the juvenile or refer the juvenile elsewhere 10 Risk Classi cation Classifying probationers so that they may receive an appropriate level of treatment and control 11 Motivational lnterviewing A technique that increases the probationers39 awareness of their potential problems by asking them to visualize a better future and learn strategies to reach their goals 12 Day Fees A program requiring probationers to pay some of the costs of their treatment 13 Intermediate Sanctions Punishments that fall between probation and prison quotprobation plusquot Communitybased sanctions including house arrest and intensive supervision serve as alternatives to incarceration 14 Fine A money payment levied on offenders to compensate society for their misdeeds 15 Day Fine A ne geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process 16 Forfeiture The seizure of personal property by the state as a civil or criminal penalty 17 Zero Tolerance The practice of seizing all instrumentalities of a crime including homes boats and cars It is an extreme example of the law of forfeiture 18 Restitution A condition of probation in which the offender repays society or the victim of crime for the trouble and expense the offender caused 19 Monetary Restitution A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out of pocket losses caused by the crime Losses can include property damage lost wages and medical costs 20 Community Service Restitution An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence 21 Shock Probation A sentence in which offenders serve a short prison term before they begin probation to impress them with the pains of imprisonment 22 Split Sentence A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community 23 Intensive Probation Supervision lPS A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis 24 House Arrest A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own homesuch as from 5 pm Friday until 8 am Monday 25 Electronic Monitoring EM Requiring convicted offenders to wear a monitoring device as part of their community sentence Typically part of a house arrest order this enables the probation department to ensure that offenders are complying with court ordered limitations on their freedom 26 Residential Community Corrections RCC A nonsecure facility located in the community that houses probationers who need a more secure environment Typically residents are free during the day to go to work school or treatment and they return in the evening for counseling sessions and meals 27 Day Reporting Center DRC A nonresidential community based treatment program 28 Restorative Justice A view of criminal justice that advocates peaceful solutions and mediation rather than coercive punishments 29 Sentencing Circle A type of sentencing in which victims family members community members and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community PowerPoint Notes Community Sentencing quotuse of a variety of officially ordered program based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentencequot Composed of probation parole and intermediate sanctions sanctions means punishment Probation Suspension of imprisonment It is a court ordered sanction Goal of probation is the maintain control of criminals while they39re still involved in the community to help rehabilitate them History of Probation Medieval Times 0 Judicial Reprieve common law practice allowing judges to suspend sentences so that offenders could seek a pardon gather new evidence or prove they have changed their ways 0 Recognizance form of bail bond allowing convicted offenders to go unpunished if they agree to refrain from further criminal activity 0 Sureties says another person is responsible for the behavior of offenders before they get convicted In 14th Century England courts established the practice of 39binding over for good behavior39 0 This means the offender could be entrusted into the custody of willing citizens John Augustus the Father of Corrections 0 From Boston 0 Used his own money to watch over certain groups of offenders instead of giving them jail time o In 1878 the city of Boston hired its rst probation officer Probation Today Probation is the most common form of criminal sentencing o wNI Io WNI I About 2000 probation agencies in the United States The Extent of Probation BJS Statistics show that it39s not just minor offenses offenders convicted of homicide sex offenders robber39s and aggravated assault were placed on probation Probation Conditions Awarding probation must include a contract between the offender and the court and offender must agree to abide by court mandated conditions failure to oblige leads to probation revocation meaning the court takes away your status as being on probation Types of probation sentences include Direct sentence to probation Suspended Sentence Split Sentence Other Two Conditions of Probation General a Applies to all probationers b Probationers are required to pay a ne to the court which is designated to reimburse victims for damages and to pay lawyers fee39s and other court costs Speci c a Tailored to a speci c individual b Mandated by a judge who feels that the probationer is in need or particular guidance or control usually depends on the nature of the offense Ex If you got a DUI your license is removed Elements of Probation Preforms 5 primary tasks Presentence Investigation If the offender is a good t for probation Intake probation of cer makes initial appearance DiagnosisRisk Classi cation Reevaluate the offender and determine the amount of risk that they will reoffend this helps determine what kind of treatment and amount of supervision the offender needs Supervision 5 Treatment services given to the offender in the community to deter them from reoffending Legal Rights 0 Civil Rights 0 Minnesota v Murphy the relationship between the probationer and the of cer is NOT con dential and can be used against them in a court of law Grif n v Wisconsin probationers home may be searched without a warrant Pennsylvania Board of Probation and Parole v Scott exclusionary rule does not apply to parole of cers United States v Knights probationers home may be searched without a warrant for the purpose of collecting evidence for a crime IF the search is based on reasonable suspicion and if the search was originally part of the court order 0 Revocation Rights 0 O 0 Rights when revoking an offenders parole Escoe v Zerbst probation comes as an active grace don t need a hearing Mempa v Rhey Entitled to council during the revocation process Morrissey v Brewer Has to be a hearing to determine probable cause exists for a revocation hearing Gagnon v Scarpelli a judge may deny a probationer access to an attorneycouncil if a case does not result in an actual revocation Beardon v Georgia Judge can39t revoke probation if they don t pay nes US v Granderson a revoked probationer can39t be given a longer sentence than the original suspended sentence How Successful is Probation 60 are successful 0 Most probation is revoked because of a technical violation not a new offense within the rst 3 months 0 If a probationer is married with children adequately employed and or educated they39re most likely to succeed with probation Pa role NF4 Purpose of parole is to return offenders gradually to productive lives The supervised early release of inmates from correctional con nement Parole acts as a stimulus for positive behavioral change Probation vs Parole Probationers avoid serving time in prisonjail when people on parole have already served time Parole DecisionMaking Mechanisms Parole Boards Mandatory ParoleStatutory Decrees a Discretionary Release Medical Parole serious physical or mental health issues cause offenders to be released early Parole Violations Parolee does not conform to the conditions of their parole which leads to parole revocation Advantages of Probation and Parole U1gtLNP4 gt P Lower cost than incarceration Increased Employment because they can stay in jobs Offenders still able to contribute to the 39free economy39 Restitution Community Supportthey39re still able to keep relationships with family andf ends Increased Use of Community Services Increase Opportunity for Rehabilitation Disadvantages of Probation and Parole 1 2 Relative Lack of Punishment Poses a risk to the community letting offenders back into the community 3 Increased social costs unemployment living off other peoples taxes