Question 1

On what date was parole abolished for federal crimes?

Accepted Answer

Parole for federal crimes was abolished by the Sentencing Reform Act of 1984, which became effective on November 1, 1987. This act aimed to create a more consistent and fair sentencing system, eliminating the parole system for crimes committed after its effective date.

Question 2

All of the following are purposes of parole EXCEPT:

Accepted Answer

Parole is not specifically intended to prevent increased criminal influence; rather, it focuses on reintegration, cost alleviation, and rehabilitation.

Question 3

In __________, the Supreme Court held that there is no protected liberty interest in the possibility of parole before the termination of the sentence.

Accepted Answer

In Greenholtz v. Prisoners of the Nebraska Penal and Correctional Complex, the Supreme Court ruled that there is no constitutional right to be conditionally released before the expiration of a valid sentence, and the states may grant or deny parole without infringing on a federally protected liberty interest.

Question 4

What is the standard for Parole Board decision making in rejecting parole?

Accepted Answer

The standard for Parole Board decision making in rejecting parole is "Arbitrary and capricious." This means that decisions should not be made randomly or without reasonable justification. The standard is designed to ensure that parole decisions are made based on relevant and consistent criteria, rather than on whim or bias.

Question 5

In __________, the Court held that an amended law that increased the time between parole board hearings does not violate the ex post facto clause.

Accepted Answer

California Department of Corrections v. Morales held that an amended law increasing the time between parole board hearings does not violate the ex post facto clause, as it did not create a significant risk of prolonging the incarceration of those affected by the change.

Question 6

The privilege theory of parole was repudiated by the Supreme Court in which case?

Accepted Answer

The answer of The privilege theory of parole was repudiated...

Question 7

Which theory of parole is used as a reason for allowing unreviewable revocation of parole?

Accepted Answer

The answer of Which theory of parole is used as...

Question 8

Which of the following best defines the Continuing Custody Theory?

Accepted Answer

The answer of Which of the following best defines the...

Question 9

In __________, the Court argued an informal hearing was needed to assure that the findings of a parole violation would be based on verified facts and that the exercise of discretion would be based on accurate knowledge of the parolee's behavior.

Accepted Answer

Morrissey v. Brewer established the requirement for a basic form of due process in parole revocation, emphasizing the need for an informal hearing to ensure decisions are made based on accurate facts regarding the parolee's behavior.

Question 10

Which of the following are some due process requirements for parole revocations as put forth through Morrissey?

Accepted Answer

The Morrissey v. Brewer decision established due process requirements for parole revocations, including written notice of claimed violations, disclosure of evidence to the parolee, and the right to cross-examine witnesses unless there is a good reason to prevent it.

Question 11

Which Supreme Court case addressed the right to counsel at a parole revocation hearing?

Accepted Answer

Gagnon v. Scarpelli (1973) addressed the issue of the right to counsel at a parole revocation hearing, determining that parolees facing revocation do not have an absolute right to be represented by counsel at revocation hearings, but they may request representation, and the hearing body must decide if counsel is necessary for a fair hearing.

Question 12

Parolees are required to agree in writing that a parole officer or other peace officer with or without a search warrant and with or without cause can conduct a search and seizure of their person was determined in which case?

Accepted Answer

Samson v. California established that parolees are subject to search and seizure by a parole officer or other peace officer without a search warrant and without cause, as a condition of their parole.

Question 13

U.S v. Knights established which standard was needed to search a probationer or a probationer's home?

Accepted Answer

U.S. v. Knights established that the standard needed to search a probationer or a probationer's home is "reasonable suspicion," which is a lower standard than "probable cause." This decision allows for searches based on less evidence than would be required for the general public, reflecting the probationer's reduced expectation of privacy.

Question 14

At least 16 states have abolished discretionary parole.

Accepted Answer

As of my last update, at least 16 states in the United States have abolished discretionary parole for all offenders, moving towards determinate sentencing systems that set fixed prison terms.

Question 15

The probation and parole population is double the amount of adults incarcerated.

Accepted Answer

As of recent data, there are significantly more adults under probation and parole supervision in the United States than there are incarcerated, making the probation and parole population more than double the number of adults in prison and jail combined. This reflects the broader use of community supervision as an alternative to incarceration for many offenders.

Question 16

There is no constitutional right to a commutation of a life sentence.

Accepted Answer

The U.S. Constitution does not explicitly grant a right to commutation of a life sentence. Commutation of sentences is generally considered a matter of executive clemency, which is a power vested in the President at the federal level and in governors at the state level, at their discretion.

Question 17

The Supreme Court held in Ohio Adult Parole Authority v. Woodard that giving a prisoner the option of voluntarily participating in an interview as part of the clemency process violated the Fifth Amendment.

Accepted Answer

In Ohio Adult Parole Authority v. Woodard, the Supreme Court held that the clemency process, including a prisoner's option to voluntarily participate in an interview, does not violate the Fifth Amendment. The decision acknowledged the clemency process as a matter of mercy and not a stage of the criminal prosecution process, thus not requiring the same constitutional protections as a trial.

Question 18

The Due Process Theory of parole rejects the three other theories noted in the text.

Accepted Answer

The Due Process Theory of parole rejects the other three theories (rehabilitative, deterrence, and incapacitation) because it focuses on the rights of the parolee rather than on the protection of society.

Question 19

In Gagnon v. Scarpelli, the Court distinguished probation from parole.

Accepted Answer

The answer of In Gagnon v. Scarpelli, the Court distinguished...

Question 20

The entire revocation process should ideally be completed within three months.

Accepted Answer

The ideal timeframe for completing the entire revocation process can vary significantly depending on the specific circumstances, including the reasons for revocation, the complexity of the case, and the legal jurisdiction involved. There is no universally applicable timeframe such as three months.

Quiz 13: Parole and Probation