1. What are the two main considerations in the decision whether or not to release one who is arrested while their case is pending? What is the main unfairness in the use of cash bonds while cases are pending? What other options have been created to limit the use of incarceration while still exerting some level of control over the defendant?
2. What is the basic purpose of pretrial diversion? What advantage would this have over using correctional services post-conviction? Give an example of how pretrial diversion might be used.
3. In a sentence or two, describe the meaning of each of the five generally accepted purposes for imposing criminal sanctions.
4. What is the difference between determinate and indeterminate sentencing? What advantages are afforded by each? What are the pros and cons of using a sentencing guidelines system?
5. What did John Augustus and Alexander Maconochie have in common in their overall philosophy about justice, and in the resistance that they faced? What innovations eventually occurred based on the ideas of each? In what main ways might we say that the ideas of Augustus have gotten lost along the way? Give examples.
6. Describe the main goals and procedures of probation supervision. Upon what does probation rely to get probationers to do what they are supposed to do? What is meant by a technical violation of probation? Give an example. Why are technical violations seen as being closely related to probation officer discretion than are new arrest violations?
7. What is meant by specific (also called special) conditions of probation?” Give three examples of typical special conditions of probation. What benefits are gained in using special conditions of probation? In what ways might the overuse of special conditions of probation result in inordinately high probation violation rates? Explain by using an example.
8. What is the single main purpose of the Presentencing Investigation and Report (PSI)? Why has it traditionally been considered a main example of individualized justice? At what point in the criminal justice process is the PSI used? Describe the main components of the PSI.
Answer: The single main purpose of the PSI is
9. What goals and ideas led to the creation of parole in the late 1800s? What is the basic philosophy supporting parole? Identify some main factors (three would be good) taken into consideration by Parole Boards in considering whether parole should be granted?
10. Identify important ways in which parole is different from, and also similar to probation? What is the significance of the fact that being granted probation or parole is a privilege and not a right? How does this basic idea of a privilege and not a right change once someone is placed on probation or parole?
11. Make an argument as to why parole should be abolished, or at least seriously limited. Then, make an argument for why parole should be supported.
12. Identify four due process rights that were given to those on probation and parole in matters of revocation, stipulated in laws from the late 1960s and early 1970s. How does the standard of proof required on the part of the state in revocation hearings differ from that required in regular criminal proceedings?
13. What main points do we learn from the “Outside the Gates,” (Jean Sanders) and the “Ex-offender” articles in the packet (Week 6) about that which is needed for successful reentry from prison? (Two or three main points from each.)
