criminal procedure

Card Set Information

criminal procedure
2011-03-04 14:23:45

cr.proc. chapters 4-7
Show Answers:

  1. a monetary penalty imposed arbitrarily at the descretion of the cort ofor an offense.
  2. a recognizance or bond given the court by a defendant before or after conviction conditioned on his or her being "on good behavior" or keeping the peace for a prescribed period.
    security for good behavior
  3. a procedure under which an indictment was "laid on file," or held in abeyance, without either dismissal or final judgement in cases in which justice did not require an immediate sentence.
  4. an oral or written request that the court repeal, nullify, or overturn a decision, usually made during or after the trial.
    motion to quash
  5. an individual who agrees to become responsible for the debt of a defendant or who answers for the performance of the defendant should the defendant fail to attend the next court appearance.
  6. originally a device of preventive justice that obliged people suspected of future misbehavior to stipulate with and give full assurance to the court and the public that the apprehended offense would not occur. Recognizance was later used with convicted or arraigned offenders with conditions of release set.
  7. an order of the court after a verdict, finding, or plea or guilty that suspends or postpones the imposition or execution of sentence during a period of good behavior.
    suspended sentence
  8. a judgment of the court based on a defendants plea of guilty or nole cnotendere, or on the verdict of a judge or jury, that the defendant is guilty of the offense with which he or she has been charged.
  9. who was the founder of probation and what did he do?
    john augustus, he was a boot maker that bailed people out of jail and accompanied them to court
  10. latin term meaning that the government acts as a substitute parent and sllows the courts to intervene in cases in which it is in the childs best interest that the guardian be appointed for children who through no fauld of their own, have been neglected and or are dependent.
    parens patriae
  11. formal written agreement between the state government and local entities for the state to fund counties to implement and operated community corrections progreams on local level.
    community corrections act.
  12. a community supervision philosophy that allowed the officer to create therapeutic relationships with clients through caunseling and directly assisting in behavior modification to assist them in living productively in the communtiy.
  13. supervision that involves identifying the needs of probationers or parolees and referring them to an appropriate community agency.
    brokerage of services
  14. a supervision model in which probation or parole officers develop skills and linkages with community agencies in one or two areas only. supervision under this moel is a team effort, each officer utilizing his or her skills and linkages to assist the offender.
    community resource management team model
  15. the correctional practice based ont eh concept of just deserts and even handed punishment. the justice model calls for fairness in criminal sentencing, in that all people convicted of a simialr offense will receive a like sentence. this model or corrections relies on determinate sentencing and or abolition of parole.
    justice model
  16. a supervision strategy that emphasizes public safety, accountablitly, partnerships with other community agencies, and beat supervision.
    neightborhood based supervision
  17. a procedure consisting of assessing the risk posed by the offender, identifying the supervision issures, and selecting the appropriate supervision strategy.`
  18. a procedure taht provides a measure of the offenders propensity to further criminal activity and indicates the level of officer intervention that will be required.
    risk assesment
  19. correlates of the likelihood of redidivism that (once they occur) cannot be changed(age at first arrest, number of conviction, and so forth)
    static factors
  20. correlates of the liklihood of redidivism that can be changed through treatment and rehabilitation(drug and alcohol abuse, ander management, quality of family relationships and so forth)
    dynamic factors
  21. the oversight that a probation or parole officer exercises over those in his or her custody.
  22. community monitoring methods of ascertaining offender compliance throught one or more of the following means: face to face home visits, curfew, electronic monitoring, phone verification, and drug testing.
  23. an officers personal visit to an offenders home or place of employment for the purpose of monitoring progress under supervision.
    field contract
  24. verification of the probationer or parolees situation and whereabouts by means of the officer speaking with a third party who knows the offender personally (such as a family member, friend, or employer)
    collateral contact
  25. the number of individuals or cases for which one probation or parole officer is resposible
  26. eight treatment standards that if practiced, have been shown to reduce recidivism above that of other methods and constitue a theory behind evidence based correctional practices.
    principles of effective intervention
  27. a therapeutic intervention of helping a person change, that is a blend of two different types of therapies: cognitive therapy which prepares the mind, and behavioral change which conditions the body.
    congnitvie behavioral therapy
  28. a communication style in which the community supervision officer creates a positive climate of sincerity and understanding that assists the offender in the change process
    motivational interviewing
  29. a device that measures erectile responses of male offenders to determine level of sexual arousal to various types of stimuli
    penile plethysmograph
  30. fundamental knowledge and or skills for a newly hired officer in preparation for working independently
    preservice training
  31. specialized and standardized training that officers are required to complete before they may carry a firearm on the job
    peace officer state training
  32. periodic continuing education training for seasoned officers
    in service training
  33. the discretion that exists in the role of the probation and parole officer to treat clients fairlyu and consistently and according to individual circumstances.
    role ambiguitly
  34. the two functions fo a probation and parole officer, that of enforcing the rules and laws, and providing support and reintegreation, that are sometimes contradictory and difficult to reconcile.
    role conflict
  35. the failure of an officer to do what a reasonably prudent person whould have done in like or simialar circumstances.
  36. protection from legal action or liability unless workers engage in siscretion atht is intentionally and maliciously wrong.
    absolute immunity
  37. protection from liability in decisions or action that are "objectively reasonable"
    qualified immunity
  38. an agency that is owned and operated by a private business or nonprofit organization, and contreacts with the state, local aor federal government to supervise clients convicted of a misdemeanor.
    private probation
  39. any for profit or non profit private organization that contracts with county level or state level government to provide probation supervission, independent probation treatment services or both probation supervision and treatment.
    private service provider
  40. an agreement signed by all states and us territories that allows for the supervision of parolees and probationers across state lines
    interstate compact
  41. under the interstate compact the state of conviction
    sending state
  42. under the interstate compact, the state that undertakes the supervison
    receiving state
  43. a formalized decree granting authority to a commission to create and enforce rules for member states for the supervision of offenders in other states.
    interstate compact for adult offender supervision
  44. the process of hearings that results when theprobtioner is noncompliant with the current level or probation. results of a revocation are either modifying probation conditions to a more intensive supervision level, or the complete elimination of probation and sentence to a residential community facility, jail, or prison.
  45. termination of probation at any time during thprobation period or after some time has been served.
    early termination
  46. violations of probtion or parole conditions that involve the commisission of a crime
    law violation
  47. multiple vilations that breach one or more noncriminal conditions of probation
    tech. violation
  48. laws must be applied in a fair and equal manner. fundamental fairness.
    due process
  49. an inquiry conducted to determine if there is probable cause to believe taht the offender committed a probaton or parole violation.
    preliminary hearing
  50. a due process hearing that must be conducted before probation or parole can be revokes
    final revocation hearing
  51. the level of proof measured by the strength of the evidence needed to render a decision in a court proceeding
    standard of proof
  52. a level of proof used in a probation revocation administrative hearin, in which the judge dedides based on which side presents more convincing evidence and its probable truth or accuracy and not necessarily ont eh amount of evidence.
    preponderance of evidance