Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
|
Griffin v. Wisconsin
|
Supreme Court ruled that probation officers may conduct searches of a probationer's residence without a search warrant or probable cause. Even though the 4th amendment normally provides privacy probation presents special needs beyond normal law.
|
|
|
Pennsylvania Board of Probation v. Scott
|
The Court declined to extend the exclusionary rule to apply to searches by parole officers, even where such searches yield evidence of parole violations.
|
|
|
Sampson v. California
|
Supreme Court found that the 4th amendment does NOT prohibit police officers from conducting a warrentless search of a person who is suject to parole search condition, even when there is no suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole. Everyone receives the 4th amendment right EXCEPT people on probation.
|
|
|
Morrissey v. Brewer
|
Supreme Court held that parole revocation proceedings require the following: 1.Written notice of specific alleged violation 2. Disclosure of evidence of violation 3. An impartial hearing body 4. Opportunity to offer defense 5. A right to cross examine witnesses 6. A written statement of the outcome
|
|
|
Gagnon v. Scarpelli
|
Supreme Court held that probationers are entitled to 2 hearings now instead of one. First, a preliminary hearing to determine whether or not probable cause exists. Second, a more comprehensive hearing prior to the final decision about revocation. These are to be done under the conditions specified in Morrissey.
|
|
|
Bearden v. Georgia
|
Probation cannont be revoked for failure to pay a fine and make restitution if it could not be shown that the defendant was responsible for the failure. Alternative forms of punishment must be considered before imposing a prison sentence.
|
|
|
Minnesota v. Murphy
|
A probationer's incriminating statements to a probation officer may be used as evidence if the probationer does not specifically claim a right against self-incrimination.
|
|
|
Probation Conditions:
|
General Conditions:Apply to all probationer's within the jurisdiction examples would be: obey laws, maintain employment, remain within jurisdiction, allow probation officer to make unscheduled vists, and pay court fines. Specific Conditions: Judge mandated examples are: surrender drivers license, pass GED test, do community service, curfew, or complete a treatment plan.
|
|
|
Probation
|
Court supervised sentence in the community on the condition that offender meets certain criteria and obligations. This differs from parole..main difference is that someone on parole is released from prison into the community.
|
|
|
Problems with Probation:
|
Huge caseloads and the success varies by study which it turns out to be not pretty... 60-65% rearrested 51% of rearrested are convicted 34% jailed
|
