Corrections Midterm and Chapter 4

surveillance

The __________ style of supervising community offenders emphasizes monitoring and enforcing compliance with the rules of supervision and detecting violations leading to revocation and return to custody

Barfield vs. Leach

In 1974, ________________found that the state of New Mexico was not providing parity in vocational training and work opportunities for female inmates, and ruled that such disparity could not be justified just because the smaller number of female inmates m

summons

A__________ is a legal order for an individual to appear at a future proceeding.

mission of corrections

Part of the___________ is to protect society by surveillance and control, treatment and rehabilitation and incapacitation of offenders.

Pargo v. Elliot

In 1995 ___________, found that just the fact that there are differences in programs between male and female prisons is not necessarily a violation of the equal protection clause of the Constitution.

parole

In the 1979 case Greenholtz v. Inmates of the Nebraska Penal and Correctional Complex, the Supreme Court determined that __________ was legally a privilege and not a right.

Plea bargaining

____________ is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense.

state penal code

Correctional agencies carry out the sentence of the court after an offender is arrested, found guilty, and sentenced under the ________________

incarceration rate

The ____________is the number of people per 100,000 U.S. residents who are incarcerated in either a jail or a prison.

sentencing

___________ is the imposition of a criminal sanction by a judicial authority

mark system

The _________ was a system of credits against a sentence that allowed inmates to be released once they earned the required number through work and good behavior.

prison

An institution designed to house adult felons serving a sentence of one year or more is a(n) ______

strong correlation

It is argued that there is a _______ between being denied bail and conviction.

parole violations

Bearden v. Georgia allowed an exception to _______ by holding that failure to make restitution payments due to unemployment is not sufficient reason to revoke probation.

Objective classification system

_______ are statistical approaches to consider the risk of escape and violence by inmates and segregate by sex, age and specific problem or issue.

1st generation

__________ jails used a linear design for housing inmates, in which cells were aligned in long, straight rows, with walkways in the front of the cells for jail correctional officers to walk intermittently to observe what was going on in the cells. (Like i

hearing officers

In some states,__________ conduct parole hearings and recommend decisions to the parole board.

Positive contact

__________ is face-to-face contact between a parole officer and an offender.

Pargo v. Elliot

_________, the court ruled that five criteria should be used to determine discrimination: 1) Number of inmates in a prison, 2) Prison security level, 3) Crimes committed by inmates, 4) Length of sentences, and any other special characteristics.

prisoner reentry

The process by which an inmate leaves prison and returns to the community is ___________

classification system

A system for matching offenders to institutions with the security and staff resources to prevent escapes and control their behavior is ___________

outweigh the pleasure

The central concept of the hedonistic calculus says to prevent crime, punishments should___________ derived from the criminal act.

level of risk

Parole boards consider inmates' ________ and chances for success and create conditions for supervision and treatment to respond to these risks and needs.

services and functions

Corrections has been described as a system of fully integrated _________

federal, state, and local

The three governmental levels of correctional systems are __________

Parole guidelines

__________ are similar to sentencing guidelines and use predictive factors to determine offenders' risk to the community and chance for success.

Racial disparity

__________ is the condition that exists when minorities make up a greater percentage of those under correctional supervision than in the U.S. population

controlled movement

__________ is the procedure used by prisons to maintain accountability for inmates as they move throughout the prison.

have something to lose

Order within prison does not result from physical control, numerical superiority, or intimidation by correctional staff. It results from clear and consistent enforcement of rules and inmates perceiving they '___________" if they misbehave".

Morrissey v. Brewer

This 1972 Supreme Court decision set forth that once parole is granted, offenders must have certain due process to revoke that liberty is __________

Probation

There are three main advantages to ___________; it reduces the demands on the court, it cost considerably less than criminal justice processing and it allows offenders to avoid the stigma associated with a criminal conviction.

Essays on crime and punishment

Cesare Beccaria wrote ____________ whose three main ideas are that the purpose of punishment is prevention of crime, that punishment should be certain and swift and that the emphasis should be on free will and hedonism.

specific deterrence

The effect of punishment on an individual offender that prevents that person from committing future crimes is _________

sentencing goals

The five _________ for corrections are punishment, deterrence, incapacitation, rehabilitation & Restitution.

community corrections

In the 1960s, many alternative sanctions to incarceration were developed, and the term "___________" was initiated.

casework

The _________ style of supervising community offenders places emphasis on assisting the offender with problems, counseling, and working to make sure the offender successfully completes supervision.

adjudication

According to the role and function of Jails, Jails are locally operated correctional facilities that confine persons before or after ______

Prison Pass

A ________ system includes a place for the staff member to write the time the inmate leaves their supervision, and the receiving staff to write the time the inmate arrives and leaves the appointment.

three penitentiary act

The 1891 act of Congress that authorized the construction of the first three federal prisons is the ___________.

10

Jails only hold about _____ percent of all offenders under correctional supervision, but admit four times as many each year as all other correctional components combined.

Gagnon v. Scarpelli

In 1973, the ________ Supreme Court decision created the due process requirements for revoking probation.

Intermediate sanctions

___________ is the use of mid-range dispositions that fall between probation and incarceration.

sentencing reform act

The ___________ of 1984 abolished parole, established determinate sentencing, and reduced the amount of good time for federal offenders.

Intensive supervision

__________ caseloads are comprised of probationers with too high a risk or need to be on regular supervision, and were created as an alternative to sending these offenders to prison.

Indeterminate

_______ sentences are those that blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served.

Cesare Beccaria

The founder of the Classical School of punishment was _________

mission

A statement of an organization's major function and what it is to accomplish is a(n) _______

Pretrial diversion

________ is the suspension of criminal process while the offender is provided a chance to participate in treatment programs.

Inmate accountability

________ refers to the staff's ability to locate and identify inmates at any point in time.

dangerous

Based on the 1984 Comprehensive Crime Control Act, offenders may be detained if considered flight risk or a ______ in order to assure appearance in court.

technical violations

Probation can be revoked for _________ , that is, not meeting all the conditions of supervision.

Preventative detention

___________ is detaining an accused person in jail to protect the community from crimes they are likely to commit if set free pending trial.

Corrections

_______ is the range of community and institutional sanctions, treatment programs, and services for managing offenders.

Rhodes v. Chapman

_________ is the 1981 Supreme Court decision that ruled that housing two inmates in a cell designed for one did not violate the Eighth Amendment's protection from cruel and unusual punishment.

Net widening

_______ is the overlapping of criminal sanctions and added supervision for community-placed offenders, rather than diversion from prison.

war on drugs

The _________ began as an initiative by President Reagan to reduce the availability of and dependence on illicit drugs through interdiction, criminal sanctions, and treatment.

Sir Walter Crofton

_________ is the 19th-century director of the Irish prison system who created a four-stage system of graduated release from prison.

hedonistic calculus

A member of the Classical School, Jeremy Bentham created a concept referring to a person's motivation to seek pleasure and avoid pain called _________

Zebulon R Brockway

The U.S. penologist advocated the Irish System in the United States and became the first superintendent of the Elmira Reformatory was _________

Manhatten jail project

The ___________ started in the 1960s to assist judges in identifying individuals who were good candidates to be released on their own recognizance without commercial or monetary bond.

Community corrections

___________ systems are risk assessments that predict the chance of an offender in the community committing new crimes and help to set the level of supervision the offender needs.

Direct supervision

_______ is a style of inmate supervision with staff located in direct contact with inmates, requiring staff to continuously supervise and communicate with inmates.

shock probation

A short period of imprisonment with a return to the community within a few weeks to continue supervision on probation is ______

non-system

Corrections has been described as a ________ with no coordination or shared mission by any of its components.

Special caseload

__________ are comprised of probationers with a specific type of problem, such as substance abuse, mental illness, or a history of sex offenses.

sentencing

Simply stated, ________ is the imposition of a criminal sanction by a judicial authority.

retributive era

Fueled by the idea that "nothing works", the _______ called for a need to be "tough" on criminals.

3rd generation

With ________ jails, jails are designed with remote control centers, in which correctional officers are located in the housing unit in direct contact with inmates.

penology

Known as the study of punishment, ________ was used until the 1950s when referring to corrections.

current processing

Pretrial diversion provides the opportunity for a criminal offender to be diverted from _________ in the criminal justice system.

Mempa vs. Rhey

________ granted probationers the right to legal counsel during the revocation hearing.

specific detterrence.

The effect of punishment on an individual offender that prevents that person from committing future crimes is ___________

federal bureau of prisons

The _________ is the agency within the Justice Department that is charged with housing and managing federal offenders

Security levels

_______ are institutional classifications such as low, medium, or high.

courts, police, corrections

The three major components of the criminal justice system are the ___________

presentence investigation

Sentencing, Supervision during probation, Classifying prisoners, Parole decisions and Research are the 5 main Purposes of the _________

prison

An institution designed to house adult felons serving a sentence of one year or more is a(n) _____________

presentence investigation

A ___________, which is prepared by probation officer, is a report detailing the background of offenders and is used in the decision-making process of sentencing.

Bell v. Wolfish

In 1979, the US Supreme Court established the "punitive intent standard" in _______

U.S. v. Birnbaum

________ determined that probation is a privilege and not a right.

general population

The inmates in a prison with no specific designation as a special type of offender are called the ________

Security levels

________ in prisons are designed to match the physical security, staff resources, programs, and prison operations with the risk of violence & escape by male inmates assigned to each level.

the positive school

The main idea of _________ is that criminals are born and their behavior is predetermined.

Sentencing guidelines

_________ is a system of structured sentences, based on measures of offense severity and criminal history, which is used to determine the length of the term of imprisonment.

2nd generation

_______ jails used podular housing designs and fully remote supervision.

mission

A statement of an organization's major function and what it is to accomplish is a(n) _____

transportation

_______ used in 17th and 18th century England, removed offenders from society.

pretrial intervention

In South Carolina, diversion from the criminal justice system is called _________

Bail

_______ is the pledge of money or property in exchange for promise to return to further court proceedings.

Neoclassical school

Gabriel Tarde, founder of the ________ of punishment, says that nobody has complete free will because their behavior is influenced by gender, age, and social and economic factors.

state penal code.

Correctional agencies carry out the sentence of the court after an offender is arrested, found guilty, and sentenced under the _________

New penology

________ is an emphasis on the rational and efficient deployment of control strategies for managing and confining high-risk criminal populations.

probation surveillance

The primary purpose of _______ is to maintain surveillance, enforce conditions of probation, and guide offenders into treatment to protect the public from further crimes.

alternatives to bail

For felonies, there are 6 widely accepted ________; they are personal recognizance, unsecured bond, percentage bond, surety bond, collateral and third-party custody.

federalize

The decision of Congress to make a crime a federal rather than a state offense is to _______ a crime.

community corrections

Criminal sanctions that involve community supervision of offenders, use correctional and program resources available in the community, and require offenders to abide by specified conditions to remain in the community are ______

Regional jails

_______ have developed as several small counties form coalitions to jointly fund, build, and operate a facility that would serve all the counties, and result in economies of scale that made its operation more financially reasonable.

length of stay

The _________ can be misleading and has been defined in two different ways: 1) the time served in a jail or prison by any inmate or 2) the average amount of time served by inmates during a given time-frame.

security level classification

The overall goal of _________ is to maintain homogeneity of inmates by risk of violence and escape and ensure they are placed in prisons physically designed to meet this need.

new crime violations and technical violations

Probationers can have their probation revoked for either of two types of violations; ________

Americans with Disabilities Act

The _______ prohibits any entity from discriminating against an individual with a disability in regards to employment, public services and transportation, public accommodations, and telecommunications services.

Collective bargaining

_________ is the formal recognition of employee organizations and their right to negotiate with management over workplace issues.

Johnson v. Avery

In 1969, the U.S. Supreme Court in ________ recognized that inmates, to have full access to the courts, must often have legal assistance, and ruled that inmates have a right to consult other inmates for legal advice if trained legal advisors are not avail

deliberate indifference

In Estelle v. Gamble, the Court prohibited ________ in responding to inmate medical needs.

Fernandez v. United States

In 1991 _________, 1991, the court established the principle of "community standards," in that medical care in prisons must be "reasonably commensurate with modern medical science and of a quality acceptable within prudent professional standards.

collective bargaining

The formal recognition of employee organizations and their right to negotiate with management regarding workplace issues is ________

deliberate indifference

In 1991, the Court in Wilson v. Seiter noted that inmates must prove that conditions are objectively cruel and unusual and that they exist due to the ________ of prison administrators.

Pugh v. Locke

Regarding Conditions of Confinement, courts use the totality of conditions test, as originally set forth in ________ to determine if the overall conditions within a prison are such as to be cruel and unusual.

Section 1983 of the Civil Rights Act

________ prohibits any person, acting under the color of any statute, ordinance, or regulation (color of law) from depriving another of their constitutional rights.

Slave- of - the - State

In 1871, with the decision in Ruffin v. the Commonwealth of Virginia, the Court enunciated the _______ doctrine and thus created what became known as the "hands-off" doctrine.

8th & 14th

The primary amendments that are used as a basis of lawsuits by prison inmates are the _______ Amendments.

Proportionality

In Solem v. Helm, the Court in 1983 developed the test of ______ by saying "...as a matter of principle ...a criminal sentence must be proportionate to the crime....

Unit management

_________ is organizing a prison into smaller components by decentralizing the authority to manage the inmate population, while making staff more accessible to inmates.

law libraries

In 1977, the Court decided Bounds v. Smith, requiring prisons to provide adequate _______ or adequate assistance from trained legal people.

Wolff v. McDonnell

In the 1974 case of ________ the Supreme Court differentiated between due process required by a defendant at trial and that of a prison inmate, and enumerated those steps required for prisoner due process when facing a prison disciplinary hearing.

inmate disciplinary

The process required to find that an inmate committed a prohibited act is the _________ system.

Services

________ are the functions required to operate a prison, such as budget and finance, human resources, and work programs.

Unit Management

_________ is organizing a prison into smaller components by decentralizing the authority to manage the inmate population, while making staff more accessible to inmates.

awards program

A program to recognize and reward staff who perform beyond their expected level is called a(n) ________

Bell v. Wolfish

In _______ routine strip searches of inmates are deemed not to be a violation of the Fourth Amendment because they are reasonable to maintain security within a prison.

Holt v. Sarver

In 1970, _______ found that if people of reasonable sensitivity found the treatment shocking or disgusting, it would also be considered cruel and unusual.

integrity interview

A(n) ______ is used to determine whether job candidates have issues or conditions that could put them in a compromising situation.

Pell v. Procunier

The balancing test created in _______ is the guideline used in determining the reasonableness of restricting First Amendment Rights to inmates.

punitive intent standard

In 1979, Bell v. Wolfish adopted the ___________, focusing on 1) whether the individual restrictions were punitive or merely regulatory restraints; 2) whether the practice is reasonably related to a legitimate goal other than punishment, and 3) whether it

Turner v. Safely

In _______, the courts established a reasonableness test, in which the restriction of religious practice must reasonably be related to a legitimate penological interest, such as security or safety, but possibly including conserving resources.

Administrations Functions, Community supervision Functions, Human Resource Functions, Field Operation Functions

The main functions of the office of the director of a state department of corrections are: (4)

During sentencing, the jury will hear only evidence regarding the crime's aggravating circumstances.

Which is not an element of a state's death penalty that must exist in order to be constitutional, according to the Supreme Court's decision in Gregg v. Georgia?

Creating contracts for the correctional facilities

Legal offices deal with three general categories; all of the following are included except

correctional services

What is the custody and security component within a prison often called?

All of the Above

What has led to a reduction in the number of inmate lawsuits?
a) The courts have moved back toward the hands-off doctrine.
b) Congress has made it more difficult for inmates to file successful suits against correctional agencies.
c) More Supreme Court dec

Kennedy v. Louisiana

In this case, the U.S. Supreme Court found that a state statute allowing capital punishment for persons convicted of raping a child violated the Eighth Amendment.

Wolff v. McDonnell

In this 1974 case, the Supreme Court set forth that inmates had some due process rights when facing a prison disciplinary hearing.

None of the above

In which 1977 case did the Supreme Court accede that inmates who practiced the religion of the Church of the New Song (CONS) could receive steak and wine as a part of meals?
a) O'Lone v. Estate of Shabazz
b) Theriault. v. Silber
c) Cruz v. Beto
d) none of

inmate management

Which administrative function is not a typical responsibility of the central organization of a correctional agency?

the right to a jury trial

Which is not an inmate due process right in the area of prison disciplinary hearings?

Atkins v. Virginia

In this 2002 case, the Supreme Court determined that executions of mentally retarded criminals were "cruel and unusual" punishment.

professional staff

What are staff that provide rehabilitative activities sometimes called?

All of the above

How do prison classification systems help to control inmate behavior?
a) by motivating good behavior among inmates
b) by determining the appropriate security level for an inmate
c) by determining the most suitable housing assignment for each inmate
d) all

clear, consistent policies and procedures

Which is key to controlling inmates' behavior?

All of the above

Why did the Supreme Court believe it good policy to continue the hands-off approach?
a) the court's lack of expertise in corrections and deference to the judgment of prison administrators
b) a concern that accepting prisoner rights cases would encourage f