Deck 9: Prisoners Apos Rights

Question 1

A claim by an individual or group of individuals that the state has a duty to fulfill is known as a(an):

A)amendment.
B)case.
C)law.
D)right.

Answer 1

D

Question 2

The principle source of prisoners' rights is based on:

A)the U.S. Constitution.
B)individual state laws.
C)the department of corrections.
D)none of these choices.

Answer 2

A

Question 3

The view that the fewer rights inmates have, the greater the deterrent effect of punishment is:

A)the legalistic/due process view.
B)the crime control view.
C)the humanistic view.
D)none of these choices.

Answer 3

B

Question 4

The Fourth Amendment:

A)prohibits obtaining confessions unfairly.
B)guarantees a defendant a speedy and public trial.
C)bars excessive fines or bail.
D)bars illegal searches and seizures.

Question 5

The justification of the courts for their neglect of prison conditions prior to the 1960s is known as:

A)the hands-on doctrine.
B)the hands-off doctrine.
C)the liberal doctrine.
D)the judicial doctrine.

Question 6

Habeas corpus has been called:

A)the great writ of freedom.
B)the great writ of justice.
C)the great writ of liberty.
D)the great writ of procedure.

Question 7

The Prison Litigation Reform Act:

A)limits the ability of prisoners to complain about conditions of confinement and to allege violation of their constitutional rights.
B)requires prisoners to pay the full fee when filing a complaint or a down payment.
C)prohibits an indigent prisoner from filing new lawsuits when the prisoner has previously filed frivolous claims.
D)all of these choices.

Question 8

Inmates are entitled to due process of the law even in confinement as an example of:

A)legalistic/due process view.
B)crime control view.
C)humanistic view.
D)all of these choices.

Question 9

Views on inmates' rights include:

A)the legalistic/due process view.
B)the crime control view.
C)the humanistic view.
D)all of these choices.

Question 10

The amendment that limits admissibility of confessions that have been obtained unfairly is:

A)the Fourth Amendment.
B)the Fifth Amendment.
C)the Sixth Amendment.
D)the Eighth Amendment.

Question 11

The Fourteenth Amendment:

A)affirms that no state may deprive any person of life, liberty, or property without due process of law.
B)protects juveniles from incarceration.
C)does not apply to the field of criminal justice.
D)all of these choices.

Question 12

When a precedent establishes an important principle, it is known as a(an):

A)critical decision.
B)federal decision.
C)landmark decision.
D)substantive decision.

Question 13

Rights that have been guaranteed and protected by the government are known as:

A)statutory laws.
B)individual rights.
C)civil rights.
D)procedural laws.

Question 14

The Procurier v. Martinez case ruled that censorship of prison mail was a violation of:

A)the First Amendment.
B)the Sixth Amendment.
C)the Fourteenth Amendment.
D)both a and c.

Question 15

The amendment that bars excessive bail or excessive fines imposed, as well as cruel and unusual punishment, is:

A)the Fourth Amendment.
B)the Fifth Amendment.
C)the Sixth Amendment.
D)the Eighth Amendment.

Question 16

The body of the Constitution and the first 10 amendments are the main sources of:

A)procedural law.
B)limited law.
C)criminal law.
D)judicial law.

Question 17

The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws is known as:

A)court laws.
B)case law.
C)judicial law.
D)none of these choices.

Question 18

Freedom of religion is a fundamental right guaranteed by the:

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

Question 19

The view that suggests that if inmates are given the same rights and privileges as any citizen, their anger and resentment toward society will diminish, thereby aiding the rehabilitation process is:

A)the legalistic/due process view.
B)the crime control view.
C)the humanistic view.
D)none of these choices.

Question 20

The amendment that guarantees a defendant the right to a speedy and public trial by an impartial trial is:

A)the Fourth Amendment.
B)the Fifth Amendment.
C)the Sixth Amendment.
D)the Eighth Amendment.

Question 21

Inmates placed in solitary confinement or administrative segregation have the right to:

A)personal hygiene.
B)exercise.
C)mattresses.
D)all of these choices.

Question 22

The minimum requirements for disciplinary hearings include:

A)a written notice of the alleged rules infraction and sufficient time to prepare a defense.
B)the ability to call witnesses.
C)a written statement of the findings.
D)all of these choices.

Question 23

Which case ruled that as long as force is used in a good faith effort to maintain control, there is no liability?

A)Estelle v. Gamble
B)Madrid v. Gomez
C)Hudson v. McMillian
D)Newman v. Alabama

Question 24

The act that limits the ability of inmates to complain about the conditions of confinement and to allege violations of their constitutional rights is known as the:

A)Prison Litigation Reform Act.
B)Prisoner Rights Act.
C)Inmate Act.
D)Offender Conditions Act.

Question 25

Searches conducted by prison officials:

A)are prohibited by law.
B)are not unreasonable as long as they are not for the purpose of harassing or humiliating the inmate.
C)are conducted in prisons, but are prohibited by law.
D)none of these choices.

Question 26

A formalized arrangement in which inmates can register their complaints about the conditions of their confinement is known as a:

A)grievance process.
B)kite.
C)complaint process.
D)formalized complaint.

Question 27

Deadly force is permissible to prevent:

A)the commission of a felony.
B)refusal of a direct order.
C)verbal threats.
D)all of these choices.

Question 28

Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not granted in a statute or a correctional policy. During his early years in prison, Abraham tried to file multiple lawsuits concerning the conditions of confinement. The courts rejected all his claims because they followed the idea that persons sentenced to prison are not entitled to the same constitutional protections they enjoyed before conviction. This policy is referred to as the:

A)conservative doctrine.
B)hand-off doctrine.
C)judicial doctrine.
D)punitive doctrine.

Question 29

The Supreme Court has ruled that the right to practice religion:

A)ends when a person is incarcerated.
B)is not a civil right.
C)is not a necessity.
D)does not end at a prison gate.

Question 30

Which case determined that unannounced cell searches were necessary for security and order?

A)Bell v. Wolfish
B)Hudson v. Palmer
C)Moore v. People
D)Whitley v. Albers

Question 31

A name given to inmates who develop an expertise in criminal law and help other inmates in preparing their cases are known as:

A)correctional attorneys.
B)legal lawyers.
C)jailhouse lawyers.
D)inmate lawyers.

Question 32

Turner v. Safley remains the leading standard for evaluating prisoner _______________________ claims.

A)free expression
B)food and nutrition
C)sexual assault
D)cruel and unusual punishment

Question 33

The Supreme Court ruled in the _________________ decision that uncomfortable conditions are not unconstitutional but are part of the penalty that inmates pay for committing crimes.

A)Wilson v. Seiter
B)Bell v. Fuertado
C)Huff v. South Carolina
D)Brady v. Arizona

Question 34

Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not granted in a statute or a correctional policy. Which court case established the policy that Abraham and the other inmates were not entitled to the same constitutional protections as free individuals and were essentially considered "slaves of the state" ?

A)Baxter v. Palmigiano
B)Rhodes v. Chapman
C)Ruffin v. Commonwealth of Virginia
D)Turner v. Safely

Question 35

The First Amendment protects:

A)equality to all persons.
B)freedom of religion and speech.
C)a right to privacy.
D)all of these choices.

Question 36

Solitary confinement or administrative segregation is necessary to:

A)protect the inmate.
B)protect other prisoners and staff.
C)prevent escapes.
D)all of these choices.

Question 37

Cruel and unusual punishment refers to:

A)degrading the dignity of human beings.
B)punishing people because of their race, religion, and mental state.
C)punishment that is more severe than the offense for which it has been given.
D)all of these choices.

Question 38

A person who protects citizens against governmental abuses is known as a:

A)corrections officer.
B)clown.
C)corrections ombudsman.
D)warden.

Question 39

A right such as life, liberty, or property that is held to exist for its own sake and to constitute part of the legal order of society is known as:

A)a religious right.
B)a guaranteed right.
C)substantive right.
D)societal right.

Question 40

Prisoners have sued to establish rights to:

A)physical security and the minimum conditions to sustain life.
B)receive their constitutionally guaranteed safeguards.
C)challenge the legality of their convictions through the courts and to receive reasonable standards and procedural protections.
D)all of these choices.

Question 41

Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not granted in a statute or a correctional policy. When did the courts begin to make a 180-degree reversal and become extensively involved in rulings on prisoners' rights?

A)1940s
B)1960s
C)1980s
D)2000s

Question 42

The U.S. Constitution tends to be written in more specific terms than statutes.

Question 43

Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his senior correctional officers to discuss a strategy on how to handle the situation. Also included in the meeting was the legal advisor to the state's department of corrections, Mr. Johnson. Mr. Johnson explains to Warden Cox that he has received many complaints from inmates concerning the living conditions, physical abuse by officers, and segregation. Which amendment is applicable to these inmate complaints?

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

Question 44

The Fourth Amendment bars excessive fines imposed and cruel and unusual punishment.

Question 45

A Latin expression meaning "you have the body," is habeas corpus .

Question 46

Freedom of religion is a fundamental right guaranteed by the First Amendment.

Question 47

Searches conducted by prison officials are not unreasonable as long as they are not for the purpose of harassing or humiliating the inmate in a cruel and unusual manner.

Question 48

The humanistic view on inmate rights is that prisons are places of punishment, but they should not be punishing.

Question 49

Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his senior correctional officers to discuss a strategy on how to handle the situation. Also included in the meeting was the legal advisor to the state's department of corrections, Mr. Johnson. Mr. Johnson inquires about the disciplinary proceedings used at the institution. Warden Cox explains the proceedings used to Mr. Johnson. Which of the following would Not meet the minimum requirements required for disciplinary proceedings?

A)Warden Cox gives the inmate verbal notice of the alleged rules infraction.
B)Warden Cox allows the inmate sufficient time to prepare a defense against the charges.
C)The inmate is allowed to present documentary evidence.
D)Warden Cox provides a written statement of the findings.

Question 50

Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his senior correctional officers to discuss a strategy on how to handle the situation. Also included in the meeting was the legal advisor to the state's department of corrections, Mr. Johnson. Some of the officers have concerns that they will be personally sued for actions that they took to discipline prisoners. One of the officers voices that they are not liable as long as they are on duty and in uniform. Mr. Johnson explains that the Supreme Court ruled that correctional officials who knowingly violate the Eighth Amendment rights of inmates can be held liable for damages. What case was this decided in?

A)Hope v. Pelzer
B)Knop v. Johnson
C)Pennsylvania Department of Corrections v. Yeskey
D)Washington v. Lee

Question 51

The Supreme Court has mandated that inmates receive proper medical care.

Question 52

Inmates can be abused by correctional officers if they disobey orders.

Question 53

Jailhouse lawyers cannot be interfered with or harassed by prison administrators for helping other inmates by drawing up and filing complaints.

Question 54

Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not granted in a statute or a correctional policy. Abraham filed a lawsuit against the administrators of his prison because he was Muslim and the warden prohibited him from access to the Koran and from conducting services. What amendment was the basis for Abraham's lawsuit?

A)First Amendment
B)Second Amendment
C)Fourth Amendment
D)Eighth Amendment

Question 55

Civil rights are rights that have been guaranteed and protected by the government.

Question 56

Each state legislature enacts laws that govern the acts of the state and the individuals within that jurisdiction.

Question 57

Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his senior correctional officers to discuss a strategy on how to handle the situation. Also included in the meeting was the legal advisor to the state's department of corrections, Mr. Johnson. James is one of the inmates who contacted Mr. Johnson to express concern with the conditions of confinement at Warden Cox's institution. James told Mr. Johnson that he has verbally complained to correctional officers but nothing has been done thus far. Mr. Johnson asks Warden Cox about the process in place in which inmates can register their complaints about the conditions of their confinement. This process is referred to as the _____________ process.

A)complaint
B)grievance
C)inquiry
D)legal

Question 58

Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not granted in a statute or a correctional policy. Abraham and his fellow inmates are very concerned that the officers continue to search their cells while they are in the yard or in the cafeteria eating their meals. They claim the officers are destroying their property and also planting contraband. Which court case shattered any hope that the Fourth Amendment would limit cell searches and ruled that "the Fourth Amendment has no applicability to a prison cell" ?

A)Beard v. Banks
B)Hudson v. Palmer
C)Pell v. Procunier
D)Thornbaugh v. Abbott

Question 59

Prisoners have a right to assemble without restriction.

Question 60

Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his senior correctional officers to discuss a strategy on how to handle the situation. Also included in the meeting was the legal advisor to the state's department of corrections, Mr. Johnson. Mr. Johnson tells Warden Cox that he is particularly concerned with the fact that some of the inmates have accused some of the officers of whipping prisoners with a leather strap. Mr. Johnson explains to the correctional staff that this disciplinary measure is considered cruel and unusual punishment and has been the case since the courts ruled on this during the:

A)1940s.
B)1960s.
C)1980s.
D)1990s.

Question 61

The Fourteenth Amendment states that no state shall deprive any person of life, liberty, or property, without ______________________.

Question 62

In the case of ____________________, the Supreme Court ruled that racial segregation of prison inmates is an inappropriate form of racial classification.

Question 63

A _____________________________ is when a precedent establishes an important principle or represents a change or new law.

Question 64

A name given to inmates who develop an expertise in criminal law and help other inmates in preparing their cases is a ____________________.

Question 65

The name given to the first 10 amendments to the U.S. Constitution is the ____________________.

Question 66

The Prison Litigation Reform Act has made it easier for prisoners to allege violations of their constitutional rights.

Question 67

The body of the constitution and the first 10 amendments are the main sources of the ______________________ law.

Question 68

In the case of Clutter v. Wilkinson (2005), it was ruled that inmates were allowed to practice their own _______________ as long as it did not undermine the safety of the institution.

Question 69

A _______________________ is a right such as life, liberty, or property that is held to exist for its own sake and to constitute part of the legal order of society.

Question 70

The Fourth Amendment bars illegal ____________________.

Question 71

A Latin expression meaning "you have the body" is known as ____________________.

Question 72

A corrections ombudsman is a further means sometimes available for inmates who feel that they have been unjustly treated.

Question 73

Punishment that involves torture or the infliction of unnecessary and wanton pain is called ____________________.

Question 74

The _______________ view believes that convicted felons do not have rights other than those conferred on them by law.

Question 75

Currently, only federal prisons use the position of ombudsman, while states have found no correlation between the position and inmate grievance success.

Question 76

The courts have ruled that ____________________ is permissible to prevent the commission of a felony or the infliction of severe bodily harm.

Question 77

Prisoners have made the greatest gains in the right to send and receive letters and the right to communicate with lawyers and the courts.

Question 78

The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws is called __________________.

Question 79

The _________________________ doctrine gave correctional administrators freedom from excessive lower court interference.

Question 80

The Prison Litigation Reform Act was initiated by President Bush in 2005 as an attempt to allow prisoners the right to file claims against their constitutional rights.