3.11. Substantive Law: Community-Based Sentences

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Questions

Question 1

Which of the following is described as a creative sentence intended to shame or humiliate an offender, as an alternative to incarceration?

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Question 2

According to the text, for shame to be an effective part of the restorative justice movement, from where must it originate?

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Question 3

What is the primary role of a community service coordinator as described in the chapter?

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Question 4

The authority to grant probation is said to have grown out of what traditional practice by judges?

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Question 5

In the late 1800s, what new procedure combined a suspended sentence with careful supervision for more serious offenses?

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Question 6

What is the primary purpose of probation as stated in the text?

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Question 7

How does the text distinguish parole from probation?

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Question 8

According to the ruling in Burnes v. United States (1932), probation conditions must serve what purpose?

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Question 9

The Ninth Circuit Court of Appeals, in Higdon v. United States, identified which two factors for a trial judge to consider when granting probation?

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Question 10

What is the second step in the two-step process for reviewing probation conditions described in the text?

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Question 11

Under California's standard for testing the reasonableness of probation conditions, a condition is considered invalid if it relates to conduct that is what?

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Question 12

In People v. Dominguez, the court struck down a probation condition that the probationer not become pregnant without being married because it was what?

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Question 13

Which of the following is an example of a probation condition that courts have invalidated, according to the text?

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Question 14

What is the term for a sentence where a judge requires an offender to serve a short period of jail as a condition of probation?

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Question 15

The use of parole is described as dwindling because most states now use what type of sentencing?

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Question 16

In the context of the Charles Manson case example, how many times had he applied for parole by the year 2012?

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Question 17

Parole may be granted by what entity after a prisoner has served their minimum sentence?

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Question 18

What is the term for sentences where an offender is not eligible for parole?

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Question 19

Post-prison supervision stems from which type of sentencing scheme that states began adopting in the 1980s?

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Question 20

Unlike parole, how is an offender's release to post-prison supervision determined?

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Question 21

If an offender violates conditions during post-prison supervision, what due process protection are they entitled to at their revocation hearing?

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Question 22

What is the described effect of imposed shame on offenders, according to the text?

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Question 23

In the historical practice of 'suspending sentences,' what happened if an offender's subsequent behavior was satisfactory?

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Question 24

The court's decision in Biller v. State invalidated a probation condition requiring the offender to refrain from alcohol because of what reason?

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Question 25

In states with indeterminate sentencing, parole is described as what?

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Question 26

What is the primary information a prisoner will be informed of from their parole file during a hearing?

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Question 27

In about half of the states, what form of assistance may a prisoner have during a parole hearing?

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Question 28

What reason do the remaining states give for prohibiting attorney representation at parole hearings?

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Question 29

What is described as a 'general condition of probation' in the text?

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Question 30

What is the primary criticism of the binary view of shame (shame or no shame) held by some legal scholars and judges?

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Question 31

Parolees are often released to what type of programs at the beginning of their parole to prepare for return into the community?

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Question 32

According to the California standard, a probation condition is invalid if it forbids conduct that is not reasonably related to what?

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Question 33

What happens if a prisoner is not released on parole after their hearing?

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Question 34

What is the primary difference in how release is initiated between parole and post-prison supervision?

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Question 35

The case of State v. Oakley upheld a probation condition that prohibited the probationer from what?

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Question 36

A key reason that early suspended sentences lacked formal supervision was that judges tended to use them only in what type of cases?

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Question 37

According to the text, offenders who violate the terms of their supervision under both probation and parole can be what?

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Question 38

In the case of Inman v. State, requiring a defendant to maintain a short haircut was found to be an unconstitutional invasion of what right?

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Question 39

What entity is responsible for monitoring whether an offender is abiding by the conditions of release during post-prison supervision?

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Question 40

What is the primary characteristic of parole hearings, as described in the text?

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Question 41

Which of the following would NOT be a community-based sentence as defined in chapter 3.11?

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Question 42

What is the stated purpose of community shaming sentences?

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Question 43

The first step in the two-step process for reviewing probation conditions is to determine what?

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Question 44

What entity appoints special probation officers, according to the text's description of the development of probation?

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Question 45

In the case Commonwealth v. LaFrance, a probation condition was invalidated because it allowed for a search of the probationer based on what standard?

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Question 46

How is the length of time a person will be on post-prison supervision generally determined?

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Question 47

What is the primary function of a parole board?

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Question 48

Why were offenders who received early suspended sentences not subject to formal supervision?

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Question 49

What is the title of the sanction that involves an offender being first incarcerated and later released from prison to supervised control?

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Question 50

What action could cause a judge in the historical system of suspended sentences to revoke an offender's freedom and execute the sentence?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.8. Getting Tough: Initiatives for Punishment and Accountability10.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary