3.11. Substantive Law: Community-Based Sentences
50 questions available
Questions
Which of the following is described as a creative sentence intended to shame or humiliate an offender, as an alternative to incarceration?
View answer and explanationAccording to the text, for shame to be an effective part of the restorative justice movement, from where must it originate?
View answer and explanationWhat is the primary role of a community service coordinator as described in the chapter?
View answer and explanationThe authority to grant probation is said to have grown out of what traditional practice by judges?
View answer and explanationIn the late 1800s, what new procedure combined a suspended sentence with careful supervision for more serious offenses?
View answer and explanationWhat is the primary purpose of probation as stated in the text?
View answer and explanationHow does the text distinguish parole from probation?
View answer and explanationAccording to the ruling in Burnes v. United States (1932), probation conditions must serve what purpose?
View answer and explanationThe Ninth Circuit Court of Appeals, in Higdon v. United States, identified which two factors for a trial judge to consider when granting probation?
View answer and explanationWhat is the second step in the two-step process for reviewing probation conditions described in the text?
View answer and explanationUnder California's standard for testing the reasonableness of probation conditions, a condition is considered invalid if it relates to conduct that is what?
View answer and explanationIn People v. Dominguez, the court struck down a probation condition that the probationer not become pregnant without being married because it was what?
View answer and explanationWhich of the following is an example of a probation condition that courts have invalidated, according to the text?
View answer and explanationWhat is the term for a sentence where a judge requires an offender to serve a short period of jail as a condition of probation?
View answer and explanationThe use of parole is described as dwindling because most states now use what type of sentencing?
View answer and explanationIn the context of the Charles Manson case example, how many times had he applied for parole by the year 2012?
View answer and explanationParole may be granted by what entity after a prisoner has served their minimum sentence?
View answer and explanationWhat is the term for sentences where an offender is not eligible for parole?
View answer and explanationPost-prison supervision stems from which type of sentencing scheme that states began adopting in the 1980s?
View answer and explanationUnlike parole, how is an offender's release to post-prison supervision determined?
View answer and explanationIf an offender violates conditions during post-prison supervision, what due process protection are they entitled to at their revocation hearing?
View answer and explanationWhat is the described effect of imposed shame on offenders, according to the text?
View answer and explanationIn the historical practice of 'suspending sentences,' what happened if an offender's subsequent behavior was satisfactory?
View answer and explanationThe court's decision in Biller v. State invalidated a probation condition requiring the offender to refrain from alcohol because of what reason?
View answer and explanationIn states with indeterminate sentencing, parole is described as what?
View answer and explanationWhat is the primary information a prisoner will be informed of from their parole file during a hearing?
View answer and explanationIn about half of the states, what form of assistance may a prisoner have during a parole hearing?
View answer and explanationWhat reason do the remaining states give for prohibiting attorney representation at parole hearings?
View answer and explanationWhat is described as a 'general condition of probation' in the text?
View answer and explanationWhat is the primary criticism of the binary view of shame (shame or no shame) held by some legal scholars and judges?
View answer and explanationParolees are often released to what type of programs at the beginning of their parole to prepare for return into the community?
View answer and explanationAccording to the California standard, a probation condition is invalid if it forbids conduct that is not reasonably related to what?
View answer and explanationWhat happens if a prisoner is not released on parole after their hearing?
View answer and explanationWhat is the primary difference in how release is initiated between parole and post-prison supervision?
View answer and explanationThe case of State v. Oakley upheld a probation condition that prohibited the probationer from what?
View answer and explanationA key reason that early suspended sentences lacked formal supervision was that judges tended to use them only in what type of cases?
View answer and explanationAccording to the text, offenders who violate the terms of their supervision under both probation and parole can be what?
View answer and explanationIn the case of Inman v. State, requiring a defendant to maintain a short haircut was found to be an unconstitutional invasion of what right?
View answer and explanationWhat entity is responsible for monitoring whether an offender is abiding by the conditions of release during post-prison supervision?
View answer and explanationWhat is the primary characteristic of parole hearings, as described in the text?
View answer and explanationWhich of the following would NOT be a community-based sentence as defined in chapter 3.11?
View answer and explanationWhat is the stated purpose of community shaming sentences?
View answer and explanationThe first step in the two-step process for reviewing probation conditions is to determine what?
View answer and explanationWhat entity appoints special probation officers, according to the text's description of the development of probation?
View answer and explanationIn the case Commonwealth v. LaFrance, a probation condition was invalidated because it allowed for a search of the probationer based on what standard?
View answer and explanationHow is the length of time a person will be on post-prison supervision generally determined?
View answer and explanationWhat is the primary function of a parole board?
View answer and explanationWhy were offenders who received early suspended sentences not subject to formal supervision?
View answer and explanationWhat is the title of the sanction that involves an offender being first incarcerated and later released from prison to supervised control?
View answer and explanationWhat action could cause a judge in the historical system of suspended sentences to revoke an offender's freedom and execute the sentence?
View answer and explanation