Exam 3: Correctional Law and Legal Liabilities

Liability under Section 1983 is the most frequently used civil redress sought by persons seeking damages from the government.

In prison settings, this amendment has limited applicability because, for the most part, inmates do not have a legitimate expectation of privacy while serving their sentence.

Malicious prosecution is defined as doing what a reasonably prudent person would not have done in similar circumstances.

Describe and discuss the differences and similarities between the hands-on doctrine, the hands-off doctrine and the one hand-on one hand-off doctrine.

In the vast majority of cases, negligence suits do not actually win, particularly if the offender adheres to agency policy.

In this case, the Court held that even when prison policies allow jailhouse lawyers to provide assistance to other inmates, prison systems must still provide inmates with either adequate law libraries or adequate legal assistance from persons trained in the law.

This amendment essentially safeguards the very right to speak, communicate, and act freely.

This case determined that inmates do not have the right to either retained or appointed counsel for disciplinary hearings that are not part of an actual criminal prosecution.

An invasion of a person's interest through his or her reputation is known as:

The period of time during which the Supreme Court and the lower courts avoided intervening in prison operations is generally known as the ___________.

This is a court order that requires an agency to take some form of action or to refrain from a particular action or set of actions.

In Estelle v. Gamble (1976), it was found that deliberate indifference to an inmate's medical needs constitutes cruel and unusual punishment, a violation of the __________ Amendment.

What are the various types of damages that can be awarded through a civil tort case?

Which philosophical orientation contends that crime is suffering and the ending of crime is only possible with the ending of suffering?

Correctional staff of the opposite gender can constitutionally search an inmate of the opposite gender.

Qualified immunity exists for those persons who work in positions that require unimpaired decision making.

Liability can attach only at the federal level of government.

Inmates in state and federal prison have increasingly petitioned the courts for relief under a variety of statutes.

This doctrine contends that while incarcerated, (1) inmates do not forget their constitutional rights, (2) inmates' rights are not as broad and encompassing as are free persons', and (3) prison officials need to maintain order, security, and discipline in their facilities.

Which is not a provision of the Prison Litigation Reform Act of 1995?