Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
26. Which of the following agencies qualify for funding through community corrections acts?a. federal probationb. state parolec. local probationd. county jailsANSWER: cREFERENCES: Community Corrections ActsLEARNING OBJECTIVES: COBC.ALAR.13.5 – 427. The Casework Era in community corrections provided:a. therapeutic services to probationers and paroleesb. referral to appropriate community agenciesc. supervision by a team of officers with individual specializationsd. a focus on fairness and due processANSWER: aREFERENCES: Casework ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 528. The Brokerage of Services Era in community corrections provided:a. therapeutic services to probationers and paroleesb. referral to appropriate community agenciesc. supervision by a team of officers with individual specializationsd. a focus on fairness and due processANSWER: bREFERENCES: Brokerage of Services ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 529. The Justice Model of supervision provided:a. therapeutic services to probationers and paroleesb. referral to appropriate community agenciesc. supervision by a team of officers with individual specializationsd. a focus on fairness and due processANSWER: dREFERENCES: Justice ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 530. Probation as it is practiced today in the United States evolved out of norms and traditions of the Greek, Roman, andArab cultures.a. Trueb. FalseANSWER: FalseREFERENCES: Precursors to American ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 3PoweredbyCogneroPage6Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
31. Early British criminal law was dominated by the objectives of punishment and retribution.a. Trueb. FalseANSWER: TrueREFERENCES: Precursors to American ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 332. At one time in England, more than 200 crimes were punishable by death including many relatively minor propertyoffenses.a. Trueb. FalseANSWER: TrueREFERENCES: Precursors to American ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 333. A motion to quash is a court order that postpones the filing, imposition, or execution of a sentence if an offender canmaintain good behavior. a. Trueb. FalseANSWER: FalseREFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 334. The 1830 case of Commonwealth v. Chase is often cited as an example of the early use of recognizance.a. Trueb. FalseANSWER: TrueREFERENCES: Procedures Related to the Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 335. The Killits case recognized the authority of the legislature to grant the power of indefinite suspension of sentence tothe courts.a. Trueb. FalseANSWER: TrueREFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 3PoweredbyCogneroPage7Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
36. King Henry VII is known as the “father of probation” due to his work in humanizing the criminal codes of England.a. Trueb. FalseANSWER: FalseREFERENCES: The Founders of ProbationLEARNING OBJECTIVES: COBC.ALAR.13.2 – 537. The work of John Augustus in 1841 and the ensuing years included paying fines for the persons he bailed out.a. Trueb. FalseANSWER: TrueREFERENCES: The Founders of ProbationLEARNING OBJECTIVES: COBC.ALAR.13.2 – 538. The two kinds of suspended sentence include suspension of imposition of sentence and suspension of execution ofsentence.a. Trueb. FalseANSWER: TrueREFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 339. In 1878, almost 20 years after the death of John Augustus, the Mayor of Boston appointed a paid probation officer toserve in the Boston criminal courts as a member of the police force.a. Trueb. FalseANSWER: TrueREFERENCES: Founders of ProbationLEARNING OBJECTIVES: COBC.ALAR.13.2 – 540. The first juvenile justice system was created in 1899 in Boston. a. Trueb. FalseANSWER: TrueREFERENCES: History of Juvenile Probation and the Juvenile CourtLEARNING OBJECTIVES: COBC.ALAR.13.3 – 5PoweredbyCogneroPage8Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
41. In 1984, the Comprehensive Crime Control Act abolished federal parole and brought all supervised prison releaseesunder the auspices of federal probation.a. Trueb. FalseANSWER: TrueREFERENCES: Probation TodayLEARNING OBJECTIVES: COBC.ALAR.13.4 – 542. Placing out, which was a process that placed delinquents who would have otherwise be sent to reform school infoster homes, was an early form of juvenile probation.a. Trueb. FalseANSWER: TrueREFERENCES: History of Juvenile Probation and the Juvenile CourtLEARNING OBJECTIVES: COBC.ALAR.13.1 – 343. Probation may be administered by the executive, judicial, or legislative branch of government.a. Trueb. FalseANSWER: FalseREFERENCES: Probation Departments: County or State?LEARNING OBJECTIVES: COBC.ALAR.13.4 – 544. In 1898, Vermont became the second state to pass a probation statute and they adopted a county plan oforganization.a. Trueb. FalseANSWER: TrueREFERENCES: Probation Departments: County or State?LEARNING OBJECTIVES: COBC.ALAR.13.4 – 545. Community corrections acts were developed as statewide agreements through which local government could receivefunding to develop community correctional sanctions.a. Trueb. FalseANSWER: FalseREFERENCES: Community Corrections ActsLEARNING OBJECTIVES: COBC.ALAR.13.1 – 3PoweredbyCogneroPage9Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
46. The Casework Era of community corrections emphasized fairness and due process.a. Trueb. FalseANSWER: FalseREFERENCES: Casework ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 547. The justice model of supervision has proven to be far superior to previous supervision concepts.a. Trueb. FalseANSWER: FalseREFERENCES: Justice ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 548. The Brokerage of Services Era of community corrections involved identifying the needs of probationers and paroleesand referring them to an appropriate community agency.a. Trueb. FalseANSWER: TrueREFERENCES: Brokerage of Services ModelLEARNING OBJECTIVES: COBC.ALAR.13.6 – 549. Probationers are typically males convicted of a drug or alcohol violation. a. Trueb. FalseANSWER: TrueREFERENCES: Who is on Probation?LEARNING OBJECTIVES: COBC.ALAR.13.1 – 350. Probation as it is practiced today was devised to avoid the mechanical application of the harsh_________________________ of earlier times.ANSWER: penal codesREFERENCES: Precursors to American ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 351. A monetary penalty imposed arbitrarily by the court in punishment for an offense is known as an _____.ANSWER: amercementREFERENCES: Precursors to American ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 3PoweredbyCogneroPage10Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
52. Today, __________ is used to ensure a defendant’s presence at court, but the main goal was originally to humanizecriminal law and mitigate its harshness.ANSWER: recognizanceREFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 353. When the court enters an order after the verdict, finding, or plea that postpones the imposition, or execution ofsentence during the good behavior of the offender, it is known as a ________________________.ANSWER: suspended sentenceREFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 354. It is generally agreed that the first true probation law was enacted in the United States in 1878 and grew out of thework of ________________who is credited with being a founder of probation.ANSWER: John AugustusREFERENCES: Founders of ProbationLEARNING OBJECTIVES: COBC.ALAR.13.2 – 555. Federal probation was authorized in 1925 when President Coolidge signed the ____________________ANSWER: National Probation ActREFERENCES: Development of Federal ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 356. _____ is the philosophy of allowing the state to serve as guardian of juveniles who might not be able to fend forthemselves.ANSWER: parens patriae REFERENCES: History of Juvenile Probation and the Juvenile CourtLEARNING OBJECTIVES: COBC.ALAR.13.1 – 357. Lucy Flower was responsible for the establishment of the first juvenile court in 1899 in __________.ANSWER: ChicagoREFERENCES: History of Juvenile Probation and the Juvenile CourtLEARNING OBJECTIVES: COBC.ALAR.13.1 – 358. Vermont was the second state to pass a probation statute, adopting a _____ plan of organization in 1898.ANSWER: countyREFERENCES: Probation Departments: County or State?LEARNING OBJECTIVES: COBC.ALAR.13.4 – 5PoweredbyCogneroPage11Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
59. The chance to avoid a criminal record by completing a term of supervision and staying out of trouble is known as_____.ANSWER: BostonREFERENCES: Deferred Adjudication/DiversionLEARNING OBJECTIVES: COBC.ALAR.13.2 – 560. The three main structural differences among probation agencies pertain to branch of government, autonomy, and_____.ANSWER: ageREFERENCES: Probation Departments: County or State?LEARNING OBJECTIVES: COBC.ALAR.13.1 – 361. _________________________ are statewide agreements through which funds are granted to local governmentsto develop and deliver community correctional sanctions and services.ANSWER: Community Corrections ActsREFERENCES: Community Corrections ActsLEARNING OBJECTIVES: COBC.ALAR.13.5 – 462. The ____________ provides therapeutic services to probationers or parolees (often referred to as clients) to assistthem in living productively in the community.ANSWER: caseworkREFERENCES: Casework ModelLEARNING OBJECTIVES: COBC.ALAR.13.5 – 463. The _____ was closely allied to the brokerage of services model.ANSWER: Community Resources Management Team Model REFERENCES: Brokerage of Services ModelLEARNING OBJECTIVES: COBC.ALAR.13.4 – 564. The vast majority of probationers have been sentenced for a ______ or alcohol violation.ANSWER: drugREFERENCES: Who is on Probation?LEARNING OBJECTIVES: COBC.ALAR.13.5 – 4PoweredbyCogneroPage12Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
65. What was the significance of the decision in Commonwealth v. Chase?ANSWER: In the 1830 case of Commonwealth v. Chase, often cited as an example of the earlyuse of release on recognizance, Judge Peter Oxenbridge Thacher found the defendant(Jerusha Chase) guilty on her plea, suspended the imposition of sentence, and ruled thatthe defendant was permitted to be released upon her word that she would reappear ata later date for her next court appearance. Recognizance came to be used inMassachusetts as a means of avoiding a final conviction of young and minor offendersin the hope that they would avoid further criminal behavior. The main thrust ofrecognizance was to humanize criminal law and to mitigate its harshness. Whilerecognizance was illegal in 1830, it is used today to ensure a defendant’s presence atcourt and is neither a disposition nor a form of supervision in itself.REFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 366. What are the two kinds of suspended sentence? Why is the distinction critical to an understanding of modernprobation?ANSWER: There are two kinds of suspended sentence—suspension of imposition of sentence andsuspension of execution of sentence. In the case of suspension of imposition ofsentence, a verdict or plea may be reached, but no sentence is pronounced, and there isno conviction. This means that there is no criminal record and no loss of civil rightsprovided law-abiding behavior continues for a specified period of time (for example, forthree years). The withholding or postponement of sentence is revoked or terminated ifthe offender commits a new crime.In the case of suspension of execution of sentence, the defendant is placed onprobation and the conviction remains on record. A conviction is followed by theexecution of criminal sanctions and loss of civil rights and privileges. The suspendedsentence can thus be either a separate disposition or a sentencing alternative connectedwith probation.REFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.4 – 567. What is the Killits case? What was its impact on modern probation?ANSWER: In a case known as the “Killits” case, Judge Killits refused to vacate the suspendedsentence even when the victim did not wish to prosecute. This case went all the way tothe U.S. Supreme Court, and in 1916 the Court held that federal courts had no powerto suspend indefinitely the imposition or execution of a sentence (Ex parte UnitedStates 242 U.S. 27, 1916). This aspect—the recognition of legislative authority to grantthe power of indefinite suspension to the courts—made probation as now defined andpracticed in the United States largely statutory. As a result of the Killits case, thepresident pardoned approximately 2,000 people. The Court as a remedy to an indefinitesuspension suggested probation legislation.REFERENCES: Procedures Related to Modern ProbationLEARNING OBJECTIVES: COBC.ALAR.13.1 – 3PoweredbyCogneroPage13Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
68. Who were John Augustus and Matthew Davenport Hill, and how did they assist in creating support for probation aswe know it today?ANSWER: The development of the probation idea can be credited to two co-founding individuals:John Augustus and Matthew Davenport Hill. The credit for founding probation in theUnited States is reserved for John Augustus, a Boston boot maker. Augustus (1939)was committed to bailing out offenders that he deemed would return to court. Theoffenders would be ordered to appear before the court at a stated time at whichAugustus would accompany each to the courtroom. If the judge was satisfied withAugustus’s account of his stewardship, the offender, instead of being committed to theHouse of Correction, would be fined one cent and court costs and Augustus paid thefine. Matthew Davenport Hill was less known in the United States, but he deservesequal credit alongside John Augustus as a co-founder of probation. Hill laid thefoundation of probation in England where he lived and worked. Both pioneerssupervised offenders in the community while reporting their behavior to the court.Release to the community was premised upon continued law abiding behavior as it is incontemporary probation.REFERENCES: Founders of ProbationLEARNING OBJECTIVES: COBC.ALAR.13.2 – 569. Why are community corrections acts advantageous to local-level supervision?ANSWER: To address concerns about local community differences and the lesser ability of localgovernment to render political pull, community corrections acts were developed toexpand local sentencing options in lieu of imprisonment. Community Corrections Acts(CCAs) are statewide agreements through which funds are granted to localgovernments to develop and deliver community correctional sanctions and services(McManus and Barclay 1994). CCAs decentralize correctional sanctions, so that theymore closely reflect community values and attitudes. The first community correctionsact was enacted in Minnesota in 1973, and they now exist in 28 states. State-runprograms do not qualify as CCAs; only those that are operated locally or throughprivate agencies. In this way, local governments benefit from the greater revenuegenerating capacity of state government.REFERENCES: Community Corrections ActsLEARNING OBJECTIVES: COBC.ALAR.13.5 – 4PoweredbyCogneroPage14Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
70. How has the concept of supervision changed over the past century? What factors have brought about thesechanges?ANSWER: The Casework Model was used form 1900 to1970. It was oriented toward casework,providing therapeutic services to probationers or parolees (often referred to as clients)to assist them in living productively in the community. The literature of probation andparole supervision during this period was replete with medical and psychiatricterminology, such as treatment and diagnosis and treatment plans were developed withthe goal of rehabilitation. The Service Broker Model emerged about 1970 and wasused for the following decade. Many services were needed by probationers andparolees that could be more readily and effectively provided by specialized communityagencies that provide mental health, employment, housing, education, private welfare,and other services. The “service broker” type of probation or parole officer attempts todetermine the needs of the probationer or parolee and locates and refers the client tothe appropriate community agency. The Justice Model emerged after 1980 andremained the primary model through 2000. It advocates an escalated system ofsanctions corresponding to the social harm resulting from the offense and theoffender’s culpability. The justice model regards a sentence of probation not as analternative to imprisonment, but as a valid sanction in itself. The move from thetreatment oriented model was precipitated by research showing that it was not workingeffectively in many cases. The service broker model was thought to bring in theexpertise of the entire community and give the probation officer more time to supervisethe offender’s compliance with all of the conditions of probation. However, as the justdesserts philosophy was accepted by the American population, the Justice Modelemerged and remains popular with much of the public because it is viewed as beingmore punitive and more concerned with the social harm resulting from the offender’sact.REFERENCES: Community Supervision Models Over TimeLEARNING OBJECTIVES: COBC.ALAR.13.5 – 4PoweredbyCogneroPage15Chapter_2__How_Probation_Developed__Chronicling_Its_Past_and_Present
