Deck 5: The Law of Corrections

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

The Military Commissions Act (MCA) eliminated the ability of "unlawful enemy combatants" to file a writ of:

A) ​corpus delicti
B) ​nolle contendere.
C) ​mens rea.
D) ​habeas corpus.

Answer 3

D

Question 4

Constitutions are written in more specific terms than statutes.

Question 5

The right of habeas corpus for alleged terrorist detainees has been an important issue since 9/11.

Question 6

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

Question 7

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

A) ​conditions.
B) ​confinement.
C) ​length of sentence.
D) ​entence.

Question 8

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

Question 9

Individual states do not have their own constitutions.

Question 10

There is no right to parole in the United States.

Question 11

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

Question 12

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

Question 13

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

Question 14

In Section 1983 lawsuits filed by inmates, correctional employees may be sued as individuals in their personal capacity, as opposed to their official capacity as a state employee.

Question 15

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

A) ​ministerial liability.
B) ​personal liability.
C) ​civil liability.
D) ​strict liability.

Question 16

Like inmates in correctional facilities, convicted offenders 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

Experience has shown that successful lawsuits filed under Section 1983 have had a major impact for the grieving prisoner.

Question 19

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

Question 20

Prisoners have always had constitutional rights.

Question 21

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 22

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

A) ​habeas corpus
B) ​privacy
C) ​due process
D) ​administrative

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 an inmate?

A) ​Wolff v. McDonnell
B) ​Estelle v. Gamble
C) ​Holt v. Sarver
D) ​Pugh v. Locke

Question 24

In Boumediene v. Bush, the Court ruled that the detainees at Guantanamo Bay are entitled to:

A) ​a lawyer.
B) ​challenge the conditions of their confinement.
C) ​one hour of exercise a day.
D) ​file writs of habeas corpus.

Question 25

Which of the following has not been legally recognized by the Supreme Court as justifying abridgements of an inmate'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 inmates

Question 26

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 27

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 28

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 29

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

A) ​only female prisoners.
B) ​only male prisoners.
C) ​male prisoners when a male officer is also present.
D) ​both male and female prisoners.

Question 30

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

A) ​improvement in institutional living conditions and administrative practices of many prisons
B) ​review by correctional officials of many of their procedures and organizational structures
C) ​both of these
D) ​neither of these

Question 31

According to the Supreme Court, the term "totality of conditions" may be legally interpreted as:

A) ​cruel and unusual punishment.
B) ​unfair.
C) ​unreasonable.
D) ​irrational.

Question 32

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

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

Question 33

Which case allowed inmates 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
B) ​Terry v. Ohio
C) ​Carroll v United States
D) ​Gregg v. Georgia

Question 34

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

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

Question 35

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

A) ​positive.
B) ​negative.
C) ​problematic.
D) ​useless.

Question 36

The Fourteenth Amendment was ratified in:

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

Question 37

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 38

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 39

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 40

The first case recognized by the Supreme Court which recognized prisoners' rights involved a case of:

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

Question 41

During the last 25 years the Supreme Court has been prisoners' rights.

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

Question 42

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 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
Hands-off policy

Question 44

refers to legal rules produced by judges' decisions.

Question 45

Which of the following is NOT an alternative to litigation by inmates?

A) ​ombudsman
B) ​criminal investigation
C) ​mediation
D) ​inmate grievance procedures

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
Constitutions

Question 47

Which Amendment addresses prisoner rights as they pertain to religious practices?

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

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
Ombudsman

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

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

Question 51

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

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

Question 52

Laws passed by legislatures at all levels of government are known as .

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
Habeus corpus

Question 54

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 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
Precedent

Question 56

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 57

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

A) ​keep good records.
B) ​get a mentor.
C) ​follow institutional procedures
D) ​do all of these.

Question 58

The Amendment focuses on the right to religious freedom.

Question 59

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 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
Regulations

Question 61

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.

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

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

Question 64

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.

Question 65

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

Question 66

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

Question 67

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 68

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.

Question 69

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.

Question 70

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.

Question 71

. ___________ refers to means of ensuring a legitimate state interest (such as security) that impose fewer limits on prisoners' rights than do alternative means of securing that end.

Question 72

_______________ refers to an interest of the state that must take precedence over rights guaranteed by the First Amendment.

Question 73

Define and explain what is meant by a writ of habeas corpus. What is its significance for inmates? Should it be limited? Why or why not? Discuss the changes to habeas corpus post 9/11.

Question 74

As a result of the Supreme Court decision in ______________, correctional officials may search cells without a warrant and seize any materials found there.

Question 75

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

Question 76

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