Deck 5: The Law of Corrections

Question 1

The Civil Rights Act of 1871 says that people held in prisons have constitutionally protected rights.

Answer 1

True

Question 2

The Military Commissions Act restricted unlawful enemy combatants from filing petitions.

A) corpus delicti
B) nolo contendere
C) mens rea
D) habeas corpus

Answer 2

D

Question 3

Incarcerated people have always had constitutional rights.

Answer 3

False

Question 4

Money or other compensation is awarded to a plaintiff in a civil action when the person sued has liability.

A) ministerial
B) personal
C) civil
D) strict

Question 5

In Rhodes v. Chapman (1981), the court required people in prison to prove Eighth Amendment violations through showing the punishment was unnecessary.

Question 6

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

Question 7

Since the inception of the Prison Litigation Reform Act, it has become more difficult for incarcerated people to file civil rights law suits.

Question 8

A writ of habeas corpus requests an examination of the legality of .

A) conditions
B) confinement
C) length of sentence
D) searches

Question 9

The rate of habeas corpus petitions has risen recently.

Question 10

When convicted of a crime, an incarcerated person loses all constitutional rights and liberties.

Question 11

The case of Wolff v. McDonnell (1974) extended the due process rights for incarcerated people in certain aspects.

Question 12

Which of the following has NOT been legally recognized by the Supreme Court as justifying abridgements of a person in prison's constitutional rights?

A) The maintenance of stable prison populations
B) The maintenance of institutional order
C) The maintenance of institutional security
D) The rehabilitation of people in prison

Question 13

Parolees have the right to be notified of the charges against them.

Question 14

There is no right to parole in the United States.

Question 15

The filing of a writ of habeas corpus is the legal action most commonly used by people in prison to challenge prison and jail conditions.

Question 16

Like people in prison in correctional facilities, convicted individuals in the community also have rights.

Question 17

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

Question 18

Individual states do not have their own constitutions.

Question 19

Constitutions are written in more specific terms than statutes.

Question 20

The courts of each state are empowered to declare correctional conditions and practices in violation of either the state or federal constitution.

Question 21

Prior to the 1960s, courts maintained a(n) with respect to corrections.

A) invasive policy
B) administrative policy
C) hands-off policy
D) inquisitive policy

Question 22

In Cooper v. Pate (1964), the Supreme Court ruled that the Civil Rights Act of 1871 imposes on any person who deprives another of constitutional rights.

A) litigation
B) disciplinary action
C) criminal sanctions
D) civil liability

Question 23

Which court decision held that the basic elements of procedural due process must be present when decisions are made concerning the disciplining of a person in prison?

A) Wolff v. McDonnell (1974)
B) Estelle v. Gamble (1976)
C) McCleskey v. Zant (1991)
D) Pugh v. Locke (1976)

Question 24

Which of the following correctional changes can be attributed to the incarcerated persons' rights movement?

A) Improvements in institutional conditions
B) Improvements in administrative practices
C) Review by correctional officials of many of their procedures and organizational structures
D) All of these are correct.

Question 25

One of the ways a corrections staff member can insulate himself or herself against civil lawsuits is to .

A) keep good records
B) get a mentor
C) follow institutional procedures
D) All of these are correct

Question 26

According to the Supreme Court, the concept of "totality of conditions" may be used to determine whether life in a correctional environment constitutes .

A) cruel and unusual punishment
B) a restriction on free speech
C) unreasonable searches and seizures
D) irrational behavior

Question 27

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

A) federal government
B) unlawful masses
C) state legislatures
D) president

Question 28

The courts have upheld the right of female corrections officers to pat down .

A) only female incarcerated people
B) only male incarcerated people
C) male incarcerated people when a male officer is also present
D) both male and female incarcerated people

Question 29

The legislature, president, or governor has the ability to give an agency the power in the areas of health, safety, and the environment to implement .

A) statutes
B) case laws
C) regulations
D) precedent

Question 30

In instances when parole supervision is being revoked, pople who committed a crime possess various rights.

A) habeas corpus
B) Privacy
C) due process
D) administratie

Question 31

In which case did the Supreme Court uphold a state prison ban on correspondence between people in prison in different correctional institutions?

A) Turner v. Safley (1987)
B) Bounds v. Smith (1977)
C) Lewis v. Casey (1987)
D) Ford v. Wainwright (1986)

Question 32

During the early 1960s, the U.S. Supreme Court decided to require state governments to most of the rights listed in the Bill of Rights.

A) respect
B) reject
C) regulate
D) reconstruct

Question 33

Which case first allowed people in prison to sue state officials for brutality, inadequate medical care and nutrition, theft of personal property, and the denial of basic rights?

A) Cooper v. Pate (1964)
B) Wolff v. McDonnell (1974)
C) Pargo v. Elliott (1995)
D) Daniels v. Williams (1986)

Question 34

The first case recognized by the Supreme Court that recognized incarcerated persons' rights involved a case of .

A) brutality and physical conditions
B) challenges to convictions
C) due process
D) medical treatment

Question 35

With the exception of those working for corporate and nonprofit organizations, correctional personnel are .

A) executive personnel
B) public employees
C) private contractors
D) management

Question 36

Some lower courts have upheld rules in conflict with the Amendment protections because they were the least restrictive method of dealing with an institutional problem.

A) First
B) Fourth
C) Eighth
D) Fourteenth

Question 37

The Anti-Terrorism Act imposes limit to file a federal habeas petition.

A) a one-year
B) a two-year
C) a five-year
D) no

Question 38

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

A) a rational basis test
B) totality of the conditions
C) totality of the circumstances
D) least restrictive means test

Question 39

The right to be free from cruel and unusual punishment is found in which Amendment?

A) First
B) Fourth
C) Eighth
D) Fourteenth

Question 40

The Fourteenth Amendment was ratified in .

A) 1960
B) 1868
C) 1789
D) 1810

Question 41

The Amendment provides for the right to religious freedom.

Question 42

Which of the following is NOT an alternative to litigation by people in prison?

A) Ombudsman
B) Criminal investigation
C) Mediation
D) Grievance procedures

Question 43

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Precedent

Question 44

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Habeas corpus

Question 45

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Hands-off policy

Question 46

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Mediation

Question 47

__________ refers to legal rules produced by judges' decisions.

Question 48

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Laws passed by legislatures at all levels of government are known as .

Question 49

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Statutes

Question 50

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Civil liability

Question 51

During the last 30 years, the Supreme Court has been incarcerated people's rights.

A) less supportive of
B) more supportive of
C) detached from
D) less indifferent of

Question 52

A(n) is a public official with full authority to investigate citizens' complaints against government officials.

A) ombudsman
B) detective
C) parole officer
D) internal officer

Question 53

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Regulations

Question 54

Legal rules created in judges' decisions that serve to guide decisions in similar cases are called .

Question 55

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Constitutions

Question 56

Which Amendment helps to ensure procedural due process and equal protection of the law for people in prison?

A) Fourteenth
B) Fourth
C) Fifth
D) First

Question 57

Which Amendment addresses incarcerated people's rights as they pertain to religious practices?

A) Fourteenth
B) Second
C) Fourth
D) First

Question 58

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Case law

Question 59

Legal rules, usually set by an agency of the executive branch, designed to implement in detail policies of that agency are _____________.

Question 60

Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
Ombudsman

Question 61

Should the practice of habeas corpus be limited? Why or why not?

Question 62

Since the 1940s, the Supreme Court has maintained that the Amendment holds a special position in the Bill of Rights because it guarantees those freedoms essential in a democracy.

Question 63

The constitutional guarantee that no agent or instrumentality of government will use anything to arrest, prosecute, try, or punish any person other than that prescribed by law is procedural __________.

Question 64

Describe the key events, cases, and decisions that can be considered causal and inspirational for the incarcerated person's rights movement.

Question 65

What are the four foundations of correctional law? Describe how each operates and give an example of each.

Question 66

A public official who investigates complaints against government officials and recommends corrective measures is a(n) __________.

Question 67

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

Question 68

refers to the responsibility for the provision of monetary or other compensation awarded to a plaintiff in a civil action.

Question 69

Discuss the impact of the incarcerated people's rights movement that ultimately changed corrections in this country.

Question 70

A is an interest of the state, such as maintaining security, that must take precedence over rights guaranteed by the First Amendment.

Question 71

The Amendment provides for the protection of privacy within the scope of search and seizure.

Question 72

Define and explain what is meant by a writ of habeas corpus. What is its significance for people in prison?

Question 73

List and explain three alternatives to litigation.

Question 74

A(n) contains basic principles and procedural safeguards for the institutions and powers of government and the rights of individuals.

Question 75

What role, if any, do you believe the courts should have in determining and monitoring correctional policy and practice? Explain your reasoning.

Question 76

are a means of ensuring a legitimate state interest (such as security) that impose fewer limits on incarcerated people's rights than do alternative means of securing that end.

Question 77

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?

Question 78

is intervention in a dispute by a third party where those in conflict submit their differences for resolution.

Question 79

Explain how the different foundations of correctional law support and depend on each other.