crime final Flashcards
(71 cards)
Q: What is probation?
A sentence that allows a convicted offender to serve their sentence in the community under certain conditions, such as reporting to a probation officer, staying within a jurisdiction, and refraining from criminal behavior.
Q: What are the mandatory conditions of probation?
- Remaining within a specific jurisdiction
- Reporting to a probation officer
- Keeping the peace
- Notifying authorities about changes of residence or employment
- Refraining from contact with criminal associates
What are the optional conditions of probation?
Drug counseling
Avoiding contact with children
Community service
Reporting to probation officer
What is a conditional sentence of imprisonment?
A sentence of imprisonment (less than 2 years) served in the community under both mandatory and optional conditions, such as house arrest, curfews, or treatment programs.
What are the mandatory conditions of a conditional sentence?
Law-abiding behavior
Appearing in court when ordered
Staying within designated boundaries unless granted permission to leave
Informing the court or supervisor of changes in address or occupation
What are some optional conditions for a conditional sentence?
Attending a treatment program
Providing support and care for dependents
Curfews
Medical and psychiatric treatment
Home confinement
What is the concept of “net-widening” in conditional sentences?
“Net-widening” in conditional sentences refers to making the conditions for applying a rule or punishment broader, so more people or situations are affected than originally intended.
What are intermediate sanctions?
Sanctions that increase control over offenders within the community, such as intensive supervision probation, home confinement, electronic monitoring, and restitution orders.
What is intensive supervision probation (ISP)?
A form of probation with stricter, more frequent surveillance and control by probation officers, including random checks and graduated penalties for violations.
What are the benefits of intermediate sanctions?
Lower costs, more control over offenders, and a fairer punishment option. It also aims to reduce prison overcrowding and discourage further offending.
What are the criticisms of intermediate sanctions?
They may lead to increased incarceration and more punitive measures. Critics argue that they focus on punishment rather than addressing the root causes of crime.
What is the penal harm movement?
A movement that believes the root causes of crime cannot be changed and that crime reduction can only be achieved through increased punishment, community control, and prison use.
What are the four types of conditional release programs?
Full parole
Day parole
Statutory release
Temporary absences
What is full parole?
A release that allows offenders to serve a portion of their sentence in the community after serving one-third of their sentence or at least 7 years, under supervision similar to probation.
What is day parole?
A short-term conditional release (up to four months) that allows an offender to serve part of their sentence in the community, typically granted six months before full parole eligibility.
What is statutory release?
Release granted to federal offenders after serving two-thirds of their sentence, even if they haven’t been granted parole, with supervision similar to parole.
What is the purpose of temporary absences?
Temporary absences allow offenders to leave the institution for reasons like medical, compassionate, or family/community contact. They can be escorted or unescorted.
Are conditional release programs effective in reducing recidivism?
Effectiveness is debated. Recidivism is often measured by technical violations and new offenses, with mixed results on the success of reducing repeat offenses.
What factors do judges consider when determining eligibility for probation?
Judges consider the severity of the crime, the offender’s criminal history, and whether the offender is deemed a threat to society.
What is the impact of Martinson’s 1974 report “Nothing Works”?
It claimed that rehabilitative programs had little impact on reducing recidivism, leading to skepticism about prison reform, although later clarifications suggested some programs do work.
What is the maximum length of probation for adults in Canada?
The maximum length of probation for adults is typically 3 years.
How does probation differ from conditional sentences?
Probation is a community-based sentence where offenders serve their sentence under supervision without incarceration, while conditional sentences involve serving a portion of a prison sentence in the community under both mandatory and optional conditions.
What is the significance of the Martinson Report (1974)?
The report claimed that most rehabilitative efforts in prison had little impact on reducing recidivism, leading to a decline in support for rehabilitation-focused programs. It significantly influenced corrections policy.
How did Martinson’s 1974 findings change in 1979?
In 1979, Martinson revised his position, acknowledging that some treatment programs could indeed reduce recidivism and that not all rehabilitative efforts were ineffective.