Exam 5: The Law of Corrections

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By the end of the 1970s, federal judges had imposed changes on prisons and jails in every state.

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refers to legal rules produced by judges' decisions.

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What are the three foundations of correctional law? Describe how each operates and give an example of each. Discuss the strengths and weaknesses of each approach.

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The three foundations of correctional law are retribution, deterrence, and rehabilitation.

Retribution operates on the principle of "an eye for an eye" and seeks to punish offenders in proportion to the harm they have caused. An example of retribution in action is a judge sentencing a convicted murderer to life in prison without the possibility of parole. The strength of retribution is that it provides a sense of justice for victims and their families, but its weakness is that it does not address the root causes of criminal behavior and can perpetuate a cycle of violence.

Deterrence operates on the belief that the threat of punishment will discourage individuals from committing crimes. An example of deterrence in action is the implementation of mandatory minimum sentences for drug offenses. The strength of deterrence is that it may prevent some individuals from engaging in criminal behavior, but its weakness is that it does not address the underlying reasons for criminal activity and can lead to overcrowded prisons.

Rehabilitation operates on the idea that offenders can be reformed through education, therapy, and other programs. An example of rehabilitation in action is a prison offering vocational training and counseling to help inmates reintegrate into society. The strength of rehabilitation is that it offers the potential for offenders to turn their lives around, but its weakness is that not all individuals are receptive to rehabilitation efforts and it can be difficult to measure its effectiveness.

In conclusion, each foundation of correctional law has its own strengths and weaknesses. Retribution provides a sense of justice but may perpetuate violence, deterrence may prevent some crimes but does not address root causes, and rehabilitation offers the potential for reform but may not work for all individuals. A balanced approach that incorporates elements of each foundation may be the most effective in promoting public safety and reducing recidivism.

is intervention in a dispute by a third party where those in conflict submit their differences for resolution and the decision (in the correctional setting) is binding on both parties.

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Match each item to the phrase or sentence listed below. -Constitutions

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The Amendment focuses on the protection of privacy within the scope of search and seizure.

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Match each item to the phrase or sentence listed below. -Habeus corpus

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Discuss the impact of the prisoners' rights movement that ultimately changed corrections in this country. When answering, be sure to highlight key events, cases, and decisions that can be considered causal and inspirational for the movement.

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In Rhodes v. Chapman, the court required inmates to prove Eighth Amendment violations through showing the punishment was unnecessary.

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In instances when parole supervision is being revoked, offenders possess various rights.

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Match each item to the phrase or sentence listed below. -Case law

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The circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eighth Amendment are known as:

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List and explain three alternatives to litigation. Discuss the strengths and weaknesses of each. Which one do you think is most effective in maximum security prisons for men? For women? Please fully explain your answers.

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The case of Wolff v. McDonnell showed that the court was extending the due process rights for prisoners in certain aspects.

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One of the ways a corrections staff member can insulate themselves against civil lawsuits is to:

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The Fourteenth Amendment was ratified in:

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For most of U.S. history, the Bill of Rights was interpreted as protecting individuals from acts of the:

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The first recognized U.S. Supreme Court case recognizing the termination of the hands-off policy was the case of .

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What does it mean when we say the courts had a hands-off policy prior to 1960? When did this judicial policy end and why? What followed as this policy came to an end? Do you think the courts should have a role in determining and monitoring correctional policy and practice? Discuss your reasoning.

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According to the textbook, the overall results of the turbulent inmate rights period were:

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