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44 True/False questions

  1. lex talionis"an eye for an eye", a primitive system of vengeance, emerged and was passed dow from generation to generation to each family, tribe, or society sought to preserve its own existence without recourse to a written code of laws

          

  2. identify and describe the ways that probation may be administered. what are the advantages of probation being administered at the state versus county level?1)protect society while ensuring rights
    2)deter offenders without spending a lot of money

          

  3. system that is not systematicallows for determination of the risk posed by a defendant of failing to return to court or being arrested for a new crime, while promoting a fundamental concept of American Justice, equality, that is treating similar defendants similarly. actuarial-type instruments that rate defendants according to criminal history, education, and employment record, family and marital history, companions,alcohol and drug problems, emotional and personal attributes, and attitude or orientation(e.g. supportive of crime and unfavorable toward convention)

          

  4. describe the early history of probation and probation officers. Identify who is credited with founding probationprobation department

          

  5. victim impact statement (VIS)theory of natural selection supplied the conceptual ammunition for an ideology (later labeled social darwinism) that allayed the qualms of the rich about not helping the poor by telling them the latter's suffering were an inevitable price for societal advancement that could occur only through the struggle for existence ending in the survival of the fittest

          

  6. classicalismmaintains the basic belief in free will while paving the way for the entry of mitigation (and subsequently aggravation) into criminal justice by considering three areas
    1)past criminal record
    2)insanity and retardation
    3)age

          

  7. what are sentencing guidelines? how and why are the utilized making sentencing decisions?high cost of imprisonment, overcrowding of prisons, understaffing of prisons

          

  8. identify and describe the advantages and disadvantages of probation being in the judicial branch versus the executive branch...

          

  9. neoclassicalismis an outgrowth of the european enlightenment period of the 18th century(the "age of reasoning") whose adherents rejected spiritualism and religious explanations for criminal behavior

          

  10. discuss the utilization of community service in probation...

          

  11. probation subsidywhen the state reimburses the county for offenders placed on probation instead of being sentenced to a state prison. serves as an encouragement to grant probation

          

  12. explain how the criminal law and its enforcement reflect distinctions in power. How are resources allocated between criminal justice agencies?those with power are not often defined as a criminal

    police receive about 42% of budget
    courts receive about 22% of budget
    corrections receive about 29% of budget

          

  13. how might a prior criminal record affect the defendant's eligibility for probation?the part of a pre sentence report that addresses the harm to the victim

          

  14. National Crime Victimization Surveysreveals that most crimes aren't reported to the police

          

  15. mandatory releasea sentenced required by law to be imposed for certain crimes

          

  16. Discuss why prevention of recidivism is difficult to determine...

          

  17. discuss why the system of criminal justice in the US is not systematicpolice receive a majority of the budget & arrest more people than the rest of the system can handle

          

  18. free willbiblical origins(Deuteronomy)- holds that every person has the ability to distinguish and choose between right and wrong, between being law abiding and criminal; in other words, behavior that violates the law is a rational choice made by a person with free will

          

  19. determinismformulated by Auguste Comte- refers to the method of examining and understanding social behavior. the positivist approach to crime became known as criminology

          

  20. prediction scalewhen the state reimburses the county for offenders placed on probation instead of being sentenced to a state prison. serves as an encouragement to grant probation

          

  21. what are some of the reasons why most convicted offenders are not imprisoned?high cost of imprisonment, overcrowding of prisons, understaffing of prisons

          

  22. describe the over the most appropriate agency for providing pretrial supervisionprobation department

          

  23. the social contracta mythical state of affairs wherein each person agrees to a pact, the basic stipulation of which is that, all men being created equal, conditions of law are the same for all

          

  24. discuss the PSI. what are the four primary purposes of the PSI report? what information should be included? how is information collected? how is the information used?police receive a majority of the budget & arrest more people than the rest of the system can handle

          

  25. abscondersa wrongful act or deed, refers to the need to prove that a violation of the criminal law- a crime- actually occurred. consists of a description of the criminal behavior and evidence that the accused acted accordingly.

          

  26. sentencing guidelinestheory of natural selection supplied the conceptual ammunition for an ideology (later labeled social darwinism) that allayed the qualms of the rich about not helping the poor by telling them the latter's suffering were an inevitable price for societal advancement that could occur only through the struggle for existence ending in the survival of the fittest

          

  27. positivisma construct stressing the lack of choice, particularly the belief that one's behavior is "determined" by physiological or environmental variables, devoid of mens rea

          

  28. three strikes you're outA metaphor for life imprisonment upon a third conviction

          

  29. define and distinguish the classical view from the positive view of crime and criminal behaviorclassical view- free will, choice, punishment & deterrence
    positivist view- determination, cause, treatment & incarceration(focus on the criminal not the crime)

          

  30. discuss conditions of probation. what are the specific and general conditions? be familiar with examples of each. why do specific conditions differ between individual offenders?...

          

  31. presentence investigation reporta document submitted by a probation department to a judge containing information about the offender on which the judge can base his or her sentencing decision

          

  32. social darwinismformulated by Auguste Comte- refers to the method of examining and understanding social behavior. the positivist approach to crime became known as criminology

          

  33. community servicea popular alternative to restitution

          

  34. frontdoor programsbootcamp prisons(allows offenders to be released early)

          

  35. actus reuslegal term of free will

          

  36. discuss how and why prediction scales are used to measure offender risk of recidivismpolice receive a majority of the budget & arrest more people than the rest of the system can handle

          

  37. mandatory sentencea sentenced required by law to be imposed for certain crimes

          

  38. identify and describe criticisms of the PSI report...

          

  39. mens realegal term of free will

          

  40. identify and define the contradictory goals and competing expectations of American criminal justice...

          

  41. What may be the result of reducing prison populations by keeping out or releasing early "nonviolent offenders"?...

          

  42. truth-in sentencing lawspermits only small grants of good time- 10 to 15 percent

          

  43. backdoor programsintermediate sanctions(keeps offenders from becoming inmates)

          

  44. probable causereasonable grounds for suspicion supported by facts and circumstances sufficiently strong in themselves to lead a reasonably cautious person to believe that a person is guilty of a particular crime. it is also the level of evidence to initiate a probation or parole violation