1
Contact Information
• Kim Miller 908 399 8386
• kmiller2@kaplan.edu
Unit 9 Final Essay
• The US correctional system can serve two specific functions in
relation to criminal offenders. First, it can serve as a tool for
punishing the offender and making the offender pay for his/her
crimes. Second, it can serve as a means to rehabilitating the
offender and preparing him/her for successful reentry into society.
• Write a 3-page paper that answers all 3 of the following
questions:
• How does our correctional system punish offenders?
• How does our correctional system rehabilitate offenders?
• Which method is more effective in reducing crime? Punishment or
rehabilitation? Explain your choice.
Unit 9 Final Essay
• You are required to use at least three (3) references for this paper.
You are required to access the Kaplan Library for at least one of
your references. Another reference can be your text from this
class, and the third reference can come from an acceptable online
academic resource.
• Note: Wikipedia (and any of its related websites) is not an
acceptable academic resource and may not be used for this
paper.
• Be sure to list your sources on your reference page.
• Your paper must follow this format:
– Page 1 – Cover page
– Pages 2, 3 and 4 – Body of text
– Page 5 – Reference page
The Fourth Amendment: Your Right To Be
Secure
• The Right to Privacy Learn about a 2005 case in
which the police used a “sniffer” dog to search for
illegal drugs during a routine traffic stop.
• Learn about the privacy protections the Fourth
Amendment provides and the circumstances under
which the government can infringe upon your right of
privacy.
• Have You Been Seized? Use your knowledge to
argue a case involving an alleged search and seizure
violation.
The Fourth Amendment guarantees your right
to be secure against unreasonable searches
and seizures—in other words, it guarantees
that you have rights to some sorts of privacy.
As with First Amendment rights, Fourth
Amendment rights are not absolute and are
subject to judicial interpretation.
Should authorities be able to search a car or home with “sniffer” dogs, or an
electronic sensor? Neither method requires authorities to enter the car or
building, so are these really searches? When, if ever, should they be legal?
Caballes Pulled Over
A Canine Alert
• 1998: Roy Caballes clocked by state
trooper driving 71 mph in a 65 mph
zone
• Dog walked around Caballes’s car,
barked at trunk
• Caballes pulled over for speeding
• Warrant check revealed no
outstanding warrants, but that
Caballes had been arrested twice
for selling drugs
• Second trooper with drug-sniffing
dog arrived at scene
• Troopers opened trunk, found
large quantity of marijuana
• Caballes arrested for drug
trafficking
• Lawyer claimed drugs found as
product of illegal search
• Caballes convicted, sentenced to 12
years in prison
The Court Hears Illinois v. Caballes
• 2003, Illinois Supreme Court reversed Caballes’s conviction, said drug-sniffing
dog at routine traffic stop violated Fourth Amendment rights
• State appealed ruling to Supreme Court
• 2004, Supreme Court hears Illinois v. Caballes
– Government argued dog sniff not search, does not violate privacy
– Justice Souter agreed not full-blown search but asked if it were
constitutional, what would prevent police from walking dogs around every
private home just to see if they get a “sniff of something”
– Justice Scalia noted Court had ruled Fourth Amendment rights violated
when police used thermal-imaging devices to see if people were growing
marijuana in homes
– Caballes’s attorney argued sniff was search, like scanner revealed
something hidden from view; police had no reasonable suspicion to search
car
• 2005, Illinois v. Caballes: 6–2
decision—Court reversed Illinois
Supreme Court, upheld Caballes’s
conviction
• Government action indicating
possession of contraband does not
violate 4th Amendment privacy
interests
• Majority opinion: person has no
legitimate privacy interest in
possessing drugs or contraband
• Court agreed with state’s argument
that dog sniff not a search
• If traffic stop lawful, police had right
to use sniffer dog
• Dissenting opinions: dogs can be
wrong as result of poor training,
errors by handler, dog’s limited
ability
• Justice Ginsburg: “every traffic stop
could become an occasion to call in
the dogs”
• Worried Court decision could clear
way for police with dogs to be
stationed at long traffic lights,
circling cars waiting for green lights
• Dog’s bark not probable cause
WHAT DO YOU THINK?
1. Is a trained dog’s sniff of someone or something a search of that person
or thing? Explain why or why not.
2. Do you agree with the majority of the Court in the Caballes case or with
the dissenting opinions? Explain why.
3. Would your opinion in the Caballes case be different if it had involved a
bomb-sniffing dog instead? Explain why or why not.
Understanding Search and Seizure
The Fourth Amendment states that “the right of the people to be secure in their
persons, homes, papers and effects, against unreasonable search and seizure,
shall not be violated.” This guarantee applies only to searches and seizures made
by the government; it does not protect against unreasonable searches and
seizures by private organizations or citizens. It did not apply to state
governments until 1949, and the Supreme Court did not apply the exclusionary
rule to state courts until 1961.
Searches
Seizures
• Definition of search—any action by
government to find evidence of
criminal activity—very broad
• Includes searching property,
listening to phone conversations,
stopping suspicious-looking persons
and frisking for weapons
• Seizure occurs when authorities keep
something—an object, person
• Police might seize item from home as
evidence in a murder
• Might take drugs or weapon from
person stopped and frisked
Probable Cause and Warrants
To obtain a warrant—a court order to search for something or seize someone—
there must be probable cause to believe the search will produce evidence of a
crime, or that the person seized committed a crime.
Unreasonable Searches
Warrantless Searches
• 4th Amendment bans unreasonable
search and seizure
• Some instances where warrant not
required
• What is reasonable?
• Plain view doctrine: if object is in
plain view, law assumes owner does
not consider it private
• 1967: Katz v. United States,
searchers must respect person’s
right to privacy
• Search warrant needed to look
inside something
• Must state what is being searched,
what authorities are looking for
• Example—if police have warrant
to search home for illegal drugs
and drug paraphernalia is in plain
view, it can be seized even though
items not listed on warrant
Summarizing
How are search and seizure related?
• Answer(s): Authorities conduct
searches for evidence of illegal
activity, and if they find such
evidence, they seize it for evidence.
• Unsolved Crimes
• On Thursday, May 26, 2005, Holloway and 124
fellow graduates of Mountain Brook High School,
located in a wealthy suburb of Birmingham,
Alabama, arrived in Aruba for a five-day, unofficial
graduation trip. The graduates were accompanied
by seven chaperones. According to teacher and
chaperone Bob Plummer, the chaperones met
with the students each day to ensure nothing was
wrong.
• One chaperone who organized the trip,
stated, "the chaperones were not supposed
to keep up with their every move. Police
Commissioner Gerold Dompig, who would
head the investigation from mid-2005 until
2006, described the behavior of the
Mountain Brook students, stating there was
"wild partying, a lot of drinking, lots of room
switching every night. We know the Holiday
Inn told them they weren't welcome next
year. Natalee, we know, she drank all day
every day. We have statements she started
every morning with cocktails—so much
drinking that Natalee didn't show up for
breakfast two mornings“. Two of Holloway's
classmates, Liz Cain and Claire Fierman,
"agreed that the drinking was kind of
excessive“.
• Holloway was last seen by her classmates leaving the Aruban bar
and night club Carlos'n Charlie‘s around 1:30 a.m. on Monday, May
30. Holloway left with 17-year-old Joran van der Sloot, a Dutch
honors student living in Aruba and attending the Aruba International
School,and his two Surinamese friends, 21-year-old Deepak Kalpoe
and 18-year-old Satish Kalpoe,in Deepak Kalpoe's car.Holloway,
who had been scheduled to fly home later on May 30, did not
appear for her return flight, and her packed luggage and passport
were found in her Holiday Inn room. Aruban authorities initiated
searches for Holloway throughout the island and surrounding waters
but did not find her.
•
•
•
The FBI watched interrogations and
were given access to documents as
well as taking statements from the
students back home.
The FBI was on the ground within
two days of Natalee's
disappearance.
As Aruba is a sovereign nation,
they had no official status but were
allowed to watch interrogations, and
a prosecutor flew over to the states
to meet with them and show them
the documents they had.
•The FBI cooperated with the Aruban police force by questioning the students
back in the U.S. and taking statements in addition to analyzing some forensics
and the access to interrogations they had in Aruba.
Obviously there would not be equal jurisdiction, just as the Aruban or Dutch
government would not have equal basis in investigating a crime in the states if
the citizen was Dutch or Aruban
Unsolved Crimes
• The Aruban police overlooked some
evidence. The suspect was the son of a
local lawyer. The youth said he drove
Natalee with his two friends to a
deserted beach. The police did not
examine his car or search his home.
The students said they drank heavily,
the Aruban Deputy Police Chief said
Natalie may have drunk too much
alcohol or taken too many drugs and
died on the beach, where someone
buried her.
• The psychological impact of cold cases,
particularly disappearances, kidnappings, or
murders, is overwhelming. Natalee Holloway’s
mother Beth flew to Aruba with her husband and
friends within hours of learning Natalee was
missing. She worked with Aruba police to identify
the men with whom Natalee was last seen, and to
speak with one of them, Joran van der Sloot
• In 2008 Van der Slott was arrested
after saying he was involved in her
death. Then he told Fox News he sold
her into slavery. He retracted all of his
statements.
Lingering Doubts
• Van der Sloot’s bizarre confessions and
retractions have raised his profile as the
prime suspect. Was his motive to
confuse the police or just to get attention
from the media?
• How could Natalee completely
disappear on the small island? Since
Van der Sloot and his friends had
access to boats, was one used to dump
her body at sea?
In the disappearance of Natalee Holloway,
what is the evidence that points to murder
without a body?
In the disappearance of Natalee Holloway,
what is the evidence that points to murder
without a body?
•
Only circumstantial. One myth is that blood was found in Deepak's
car. In actuality a presumptive test showed possible blood, but
when further analyzed in Holland it was actually cleaning fluid.
Common cleaning fluids are one of the many things that will test
positive for blood on the presumptive test. It CANNOT hide blood
however, for years criminals have made the mistake of thinking that
cleaning blood from crime scenes will hide it and discovered that it
won't once it is examined in a lab. There has been rumor that a
crab trap was missing from a fisherman's hut but this was never
proven and it certainly has never been found, nor was any sign of
Natalee found during a complete search of Joran's apartment
discovered. Sadly, Natalee is still missing and this circumstance
leads to the likelihood that she lost her life somehow, but who or
what is not known. Hopefully one day there will be a resolution to
this case for all concerned.
Lingering Doubts
• Did the local police go easy on Van
der Sloot because he was the son of
an Aruban lawyer?
• Why did Natalee go willingly with
three strangers without notifying her
classmates? Was she a victim of
date rape drug?
If Van der Sloot received probation he
would be getting a second chance?
1.
2.
True
False
33
Correct Answer
1. True
34
Pay fines, allow the probation officer to
visit and stay employed apply to all
probationers. They are __________
conditions of Van Der Sloot’s probation.
1.
2.
3.
4.
Mandated
General
Specific
Program - Orientated
35
Correct Answer
2. General
36
If Van Der Sloot was on probation or
parole he must abide by conditions of
supervision or risk losing the privilege
to remain in the community.
1.
2.
True
False
37
Correct Answer
1. True
38
If Van Der Sloot was on probation, he
would have been released from prison
early on conditions.
1.
2.
True
False
39
Correct Answer
2. False
40
After looking at the statistics regarding
parole, would you favor early release of
Van Der Sloot’s taking into account his
conduct while in prison or review by a
parole board?
1.
2.
3.
Review by trained professional parole
board members
Statutory Decree
No early release, offenders should serve
entire sentence
41
Parole or probation revocation may result
for Van Der Sloot from which of the
following technical violations?
1.
2.
3.
4.
Failure to meet with officer
Failure to participate in treatment
Drug or alcohol use
All of the above are violations
42
Correct Answer
4. All of the above are violations
43
House arrest means a guard is posted at
Van Der Sloot home rather than have him
come and go as he pleases.
1.
2.
True
False
44
Correct Answer
2. False
45
In Bearden v Georgia Van Der Sloot must
make restitution and pay all fines or risk
going to prison on technical violations.
1.
2.
True
False
46
Correct Answer
2. False
47
Which intermediate sanction would
require strict discipline, physical
exercise, a short participation time and
works mainly with first offenders such as
Van Der Sloot?
1.
2.
3.
4.
Intensive Supervision
Boot Camp
Mixed Sentencing
Electronic Monitoring
48
Correct Answer
2. Boot Camp
49
Which of the following cases allows for
Van Der Sloot to be represented by an
attorney at a revocation hearing?
1.
2.
3.
4.
Minnesota v Murphy
Gagnon v Scarpelli
Mempa v Rhay
Morrissey v Brewer
50
Correct Answer
3. Mempa v Rhay
51
Which one of the following best
represents your opinion of community
corrections?
1. I support it because it is the cost effective way to
control offenders.
2. I support it because it allows for counseling,
community service and more opportunities for
rehabilitation.
3. I don’t support it because it limits punishment and
puts society in danger.
53
The Sampson case upheld the ability of
police to conduct a warrantless search on
a parolee.
1.
2.
True
False
54
Correct Answer
1. True
55
True or False
1) Nationwide, approximately 12% of parolees successfully complete parole.
2) In 2006, the U.S. Supreme Court found that the Fourth Amendment does
not prohibit police officers from conducting a warrantless search of a
person who is subject to a 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.
3) The Serious Violent Offender Reentry Initiative (SVORI) provides additional
services, such as education and skills training to offenders who are most
likely to pose a risk to the community upon release.
4) A typical caseload for an intensive supervision probation officer is 250
probationers.
5) The U.S. Supreme Court has held that parole boards do not have to specify
the evidence used in deciding to deny parole.
6) A probation officer does not need a search warrant or probable cause to
search a probationer's residence.
Short Answer
58) ________ procedures may include a presentence
investigation and dispute-settlement proceedings.
59) The growing reluctance to use ________ today seems to be
due to the realization that correctional routines have
generally been ineffective at producing any substantial
reformation among offenders before their release back into
the community.
60) ________ conditions may be mandated by a judge who
feels that the probationer is in need of particular guidance or
control.
61) Under conditional ________ if a condition if violated the
individual can be returned to prison.
Multiple Choice
14) Probation, parole, home confinement, and electronic monitoring are examples of:
A) lenient sentences.
B) imprisonment.
C) community-based corrections.
D) restitution.
15) Who is recognized as the world's first probation officer?
A) John Augustus
B) Gresham Sykes
C) Henry Marshall
D) Larry Singleton
16) Bob is sentenced to probation. The conditions of his probation, and all probationers in this
jurisdiction, include maintaining employment, possessing no firearm, obeying all laws, and
meeting with his probation officer. These are ________ conditions.
A) special
B) mitigating
C) general
D) extraordinary
Short Answer
51) The managed return to the community of individuals released from prison
is called prisoner ________.
52) ________ is a court requirement that an alleged or convicted offender pay
money or provide services to the victim of the crime or provide services to
the community.
53) Community ________ is a sentencing alternative that requires offenders to
spend at least part of their time working for a community agency.
54) Individuals ordered confined to their homes are sometimes monitored
________ to ensure they do not leave during the hours of their
confinement.
55) ________ location monitoring is a supervision strategy using electronic
technology to track offenders sentenced to house arrest.
56) The primary purpose of probation has always been ________.
57) Pregnant women, geriatric convicts, offenders with special handicaps,
seriously or terminally ill offenders, and the mentally retarded may all be
better supervised through ________ confinement than traditional
incarceration.
Multiple Choice
17) Which of the following statements about probation is false?
A) Convicted murderers and rapists cannot be sentenced to probation.
B) It is the most common form of criminal sentencing.
C) Probation is a court-ordered sanction.
D) Probation is significantly less expensive than imprisonment.
18) Discretionary parole is granted by:
A) correctional personnel.
B) a parole board.
C) the governor.
D) statutory decree.
19) Which of the following is not a function of a probation or parole officer's work?
A) assistance to prosecutors by conducting arrests and investigations
B) supervision of clients
C) intake procedures
D) needs assessment and diagnosis
20) All of the following are advantages of using probation instead of imprisonment except:
A) allows the offender to maintain family ties.
B) increases the likelihood restitution will be paid.
C) increased risk to the community.
D) increases employment opportunities for offenders.
7) There are far more offenders in prison today than are serving
community-based sentences.
8) Offenders who have been paroled generally avoid serving time in
prison, while probationers are incarcerated before release.
9) Split sentencing involves a brief period of incarceration in prison
and shock probation involves a brief period of incarceration in jail.
10) Split sentences and shock probation result from decisions made
by judicial authority.
11) If a probationer does not claim a right against self-incrimination,
any statements made to a probation officer may be used as
evidence.
12) Working as a probation or parole officer is attractive because of
the small caseloads and ample opportunities for career mobility.
13) Recent research indicates that offenders sentenced to shock
incarceration have lower recidivism rates than offenders
sentenced to ordinary prisons.
Multiple Choice
21) Morrissey v. Brewer provides procedural safeguards to parolees at ________ hearings.
A) revocation
B) preliminary
C) grand jury
D) probation
22) Which model, describing the duties of probation and parole officers, see clients as "wards"
whom officers are expected to control?
A) correctional model
B) supervisory model
C) social work model
D) social service model
23) Which type of sentence requires that offenders serve weekends in jail and receive probation
supervision during the week?
A) diverse sentence
B) split sentence
C) mixed sentence
D) shared sentence
Multiple Choice
24) Which of the following sentences is not an example of an intermediate sanction?
A) intensive probation
B) shock incarceration
C) simple probation
D) house arrest with electronic monitoring
25) Which intermediate sanction resembles a military-style boot camp?
A) shock incarceration
B) shock probation
C) shock parole
D) intensive supervision
26) Research has shown that shock incarceration programs:
A) can save money.
B) exist in all 50 states.
C) are ineffective with females.
D) lower recidivism rates.
27) What type of probation might require face-to-face contacts between the officer and the probationer five
times a week, a mandatory curfew, having a job, and submitting to weekly alcohol and drug testing?
A) concentrated
B) intensive
C) directed
D) shock
Multiple Choice
28) Revocation of probation or parole:
A) is not governed by any particular due process requirement.
B) can be enacted merely on a decision to revoke made by the probationer's or parolee's probation or
parole officer.
C) requires the concurrence of an appellate court judge.
D) requires procedural safeguards including a hearing.
29) Which of the following is not cited as a disadvantage of probation and parole?
A) Probation and parole programs are underused, enabling practitioners to adequately supervise
offenders on their caseloads.
B) Probation and parole result in increased social costs.
C) Probation and parole expose the community to greater risk than does incarceration.
D) Probation and parole serve a relative lack of punishment upon the offender.
30) Mempa v. Ray held that a probationer should have the opportunity for ________ before a deferred
prison sentence can be imposed.
A) parole
B) good time
C) counsel
D) jail time
31) Probation is ordered by:
A) the investigating officer.
B) the court.
C) the parole board.
D) the victim.
Multiple Choice
32) What is the most common form of criminal sentencing in the United States?
A) parole
B) imprisonment
C) shock incarceration
D) probation
33) According to a Bureau of Justice Statistics study, about what percentage of people convicted of
homicide are placed on probation?
A) 5
B) 35
C) 22
D) 0
34) Which of the following sentences is a prisoner reentry strategy?
A) parole
B) community service
C) restitution
D) probation