Exam 12: Corrections Law and Inmate Litigation
What do we call inmates who help other inmates file lawsuits?
A
Violations of inmates' civil rights are addressed in federal law based on what are called ______ suits.
D
The period between 1871 and 1963 has been called the "hands off" period relative to prisoner litigation. What do we mean by "hands off" and what were the courts' justifications for this approach?
The term "hands off" refers to the approach taken by the courts during the period between 1871 and 1963 in which they were reluctant to intervene in prisoner litigation. This approach was based on the belief that the courts should not interfere with the internal operations of prisons and should give deference to prison officials in matters related to the treatment and discipline of prisoners.
The courts' justifications for this approach were based on several factors. First, there was a prevailing belief in the concept of "hands off" as a way to maintain order and discipline within prisons. The courts felt that prison officials were in the best position to make decisions regarding the management of their facilities and the treatment of their inmates.
Additionally, the courts also cited the principle of judicial restraint, arguing that they should not overstep their bounds and interfere with the day-to-day operations of prisons. They believed that such matters were best left to the discretion of prison administrators and that the courts should only intervene in cases of extreme abuse or violation of constitutional rights.
Overall, the "hands off" approach during this period reflected a deferential attitude towards prison officials and a reluctance to involve the courts in matters related to prisoner litigation. It was not until the landmark case of Cooper v. Pate in 1964 that the courts began to shift towards a more interventionist approach in addressing the rights of prisoners.
Probationers and parolees do not have due process rights in revocation hearings.
The Innocence Project has helped in the exoneration and release of 365 prisoners.
Litigation by prison inmates has increased substantially since the 1980s.
In 2013 prisoners were successful in the grievances they filed 50% of the time.
Between 1980 and 2019 prison inmates in the United States filed about _______ lawsuits.
Which 1871 case ruled that inmates were slaves of the state and, thus, had no rights?
Which 2002 U.S. Supreme Court case ruled that it was unconstitutional to execute people suffering from developmental disabilities?
In terms of prison inmate litigation, the period between 1964 and 1978 is called the "hands off" period.
Between 1970 and 1972 there were 112 prison riots in the United States.
Risk assessment instruments help remove some of the bias in the decision making processes of corrections officials.
The U.S. Supreme Court case of ________ argued that overcrowded prison conditions were unconstitutional.
Writs of habeas corpus challenge prison conditions of confinement such as overcrowding.
In 1980 Congress passed the Civil Rights of Institutionalized Persons Act. One intent of this law was to:
All of the following have been identified as problems associated with inmate unrest (including riots) except:
Compare and contrast habeas corpus suits by inmates with civil rights suits.
In 1976 the U.S. Supreme Court ruled that health care for prisoners was a right and not a privilege in the case of:
One of the most visible groups advocating for inmates and their families is the:
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