Deck 3: Corrections and the Courts

Question 1

The top priority of prison officials is usually what?

A) Due Process
B) Fairness
C) Punishment
D) Security

Answer 1

D

Question 2

According to Ruffin v. Commonwealth (1871), prisoners, as a consequence of their crimes, are _______ of the state.

A) property
B) slaves
C) possessions
D) belongings

Answer 2

B

Question 3

In which case did the Supreme Court give the concept of cruel and unusual punishment a flexible definition in reference to "evolving standards of decency that mark the progress of a maturing society"?

A) Cooper v. Pate
B) Ex parte Hull
C) Trop v. Dulles
D) Pugh v. Locke

Answer 3

C

Question 4

In which case did the Supreme Court rule that "state prisoners must give the state courts one full opportunity to resolve any constitutional issues by invoking one complete round of the State's established appellate review process"?

A) O'Sullivan v. Boerckel
B) Miller v. Norris
C) Preiser v. Rodriguez
D) Coffin v. Reichard

Question 5

Since the Supreme Court's 1973 ruling on this matter in _______________, inmates have generally had to use habeas corpus petitions to challenge the legality and duration of their confinement and Section 1983 suits to challenge the constitutionality of conditions under which they are held.

A) Cooper v. Lanham
B) Preiser v. Rodriguez
C) Kahane v. Carlson
D) Johnson v. Avery

Question 6

Prisoner access to the courts is not specifically mentioned in the U.S. Constitution, yet the Supreme Court and other courts have affirmed that it is a fundamental right implied in the due process clause of which Amendment?

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

Question 7

Which Amendment provides a right to counsel for persons facing criminal prosecution that ends at the point of sentencing?

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

Question 8

The Establishment Clause and the Free Exercise Clause can be found in which Constitutional Amendment?

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

Question 9

In which Supreme Court case was it ruled that inmates cannot be denied the opportunity to practice an unconventional American religion (Buddhism, in this case) when other inmates are given the chance to pursue conventional faiths?

A) Fulwood v. Clemmer
B) Cruz v. Beto
C) Theriault v. Silber
D) Turner v. Safley

Question 10

Procunier v Martinez (1974) was the first major Supreme Court ruling on __________.

A) freedom of speech
B) freedom of religion
C) freedom of assembly
D) freedom of press

Question 11

Pell v. Procunier and Saxbe v. Washington Post Co., which were both decided in 1974, were important rulings on what kind of issues?

A) Freedom of religion
B) Freedom of speech
C) Freedom of press
D) Freedom of assembly

Question 12

Which of the following was not a restriction challenged in Overton v. Bazetta (2003)?

A) Visitation by minors
B) Visitation by former inmates
C) Visitation by persons with prior substance abuse convictions
D) Visitation for conjugal visits

Question 13

Which Supreme Court case ruled that a consideration of broad "overall conditions" is not sufficient to ascertain if cruel and unusual punishment exists; greater specificity about particular conditions is required?

A) Holt v. Sarver
B) Ruiz v. Estelle
C) Wilson v. Seiter
D) Rhodes v. Chapman

Question 14

An intriguing development in corrections that has Eighth Amendment implications is the effort of some states to reinstitute what?

A) Chain gangs
B) Whipping posts
C) Solitary confinement
D) Triple-celling

Question 15

Most prisons regularly place inmates in solitary confinement or isolation (known among inmates as _________).

A) "the pit"
B) "the abyss"
C) "the darkness"
D) "the hole"

Question 16

There are approximately how many inmates held in solitary confinement?

A) 50,000
B) 60,000
C) 70,000
D) 80,000

Question 17

Bell v. Wolfish (1979), Rhodes v. Chapman (1981), and Brown v. Plata (2011) are all cases pertaining to what Eighth Amendment issue?

A) Solitary confinement
B) Double-celling and crowding
C) Excessive use of force
D) Medical care

Question 18

Even a relatively mild injury (e.g., minor bruising from a slap to the face) might offend standards of decency if imposed in a manner that is _________________.

A) "malicious or sadistic"
B) "fierce and mean"
C) "unnecessary and wanton"
D) "excessive and harsh"

Question 19

Estelle v. Gamble (1976) was the first landmark Eighth Amendment case to come from a prison setting concerning what?

A) Solitary confinement
B) Double-celling and crowding
C) Excessive use of force
D) Medical care

Question 20

__________ are perhaps the most frequently contested and litigated area in prison.

A) Disciplinary actions
B) Classification and transfers
C) Excessive use-of-force cases
D) Equal protection cases

Question 21

Which Supreme Court case concluded that the discretionary (as opposed to mandatory) use of administrative segregation with inmates does not create a liberty interest, even though such segregation may entail many more restrictions on inmate freedoms?

A) Wolff v. McDonnell
B) Hewitt v. Helms
C) Sandin v. Conner
D) Meachum v. Fano

Question 22

Inmates are not entitled to due process protections in matters regarding which of the following?

A) Double-celling
B) Secondhand smoke
C) Inter-prison transfers
D) Unnecessary and wanton use of force

Question 23

The Supreme Court has yet to make any firm ruling on the equal protection rights of _____________ inmates.

A) minority
B) female
C) physically disabled
D) gay and lesbian

Question 24

While the law allowed for state prisoners to use the federal courts to litigate claims since the Civil War era, the federal system did not display much interest in correctional issues until the 1960s.

Question 25

Due to landmark cases and media popularization, the vast majority of inmate suits were successful during the hands-on period.

Question 26

The reality is that many incarcerated persons file suits.

Question 27

Courts have declared that the First Amendment does not extend to religions that mock established institutions, are "obvious shams," or whose members lack religious sincerity.

Question 28

The Court has long held that the government may prevent the expression of political views, artistic expression, or religious beliefs without justification.

Question 29

Describe the hands-off, hands-on, and due deference approaches to corrections. Which do you think is the most appropriate philosophy?

Question 30

What has the Court said about an inmates' freedom of religion? What rationales for denying religious requests do you think should be acceptable?

Question 31

How have the courts chosen to regulate prison censorship? Describe the court decisions that have affected this issue and tell whether you agree or disagree with the courts.

Question 32

What rules govern whether conditions constitute cruel and unusual punishment? What sanctions do you believe to be cruel and unusual?

Question 33

Do you think inmates involved in prison disciplinary actions deserve the same due process considerations that defendants receive before sentence? Why or why not?

Question 34

What are some of the issues surrounding the overcrowding of prisons? What are some solutions to overcrowding?

Question 35

A frequent criticism of prisoner lawsuits is that they are frivolous. Cite examples from this chapter that either support or dispute this claim.

Question 36

Ethics Focus: "It's a Matter of Paperwork"
An inmate named Billy was sexually assaulted over a month ago. He is having difficulty filling out the grievance paperwork claiming that the guard on duty that night ignored his calls for help. The prisoner only has a tenth-grade education. He has asked you for some help in filling out the forms. Your supervisor has told you in the past not to help inmates with their paperwork. According to the Department of Corrections rules, if inmates do not meet the filing deadlines, then the matter will be dropped. The courts are very technical about such deadlines and will not hear any appeals after a deadline has been missed.
Your feel sorry for the inmate. He is not that strong and has a difficult time defending himself. You know the guard in question, and he does not always do everything he should. The guard claims that he did what he could and followed institutional guidelines. You were not present that night, though, so you do not know exactly what happened.
-Should you help the inmate with the grievance paperwork? Why or why not?

Question 37

Ethics Focus: "It's a Matter of Paperwork"
An inmate named Billy was sexually assaulted over a month ago. He is having difficulty filling out the grievance paperwork claiming that the guard on duty that night ignored his calls for help. The prisoner only has a tenth-grade education. He has asked you for some help in filling out the forms. Your supervisor has told you in the past not to help inmates with their paperwork. According to the Department of Corrections rules, if inmates do not meet the filing deadlines, then the matter will be dropped. The courts are very technical about such deadlines and will not hear any appeals after a deadline has been missed.
Your feel sorry for the inmate. He is not that strong and has a difficult time defending himself. You know the guard in question, and he does not always do everything he should. The guard claims that he did what he could and followed institutional guidelines. You were not present that night, though, so you do not know exactly what happened.
-What are the potential consequences of not helping the inmate fill out the grievance paperwork?

Question 38

Ethics Focus: "It's a Matter of Paperwork"
An inmate named Billy was sexually assaulted over a month ago. He is having difficulty filling out the grievance paperwork claiming that the guard on duty that night ignored his calls for help. The prisoner only has a tenth-grade education. He has asked you for some help in filling out the forms. Your supervisor has told you in the past not to help inmates with their paperwork. According to the Department of Corrections rules, if inmates do not meet the filing deadlines, then the matter will be dropped. The courts are very technical about such deadlines and will not hear any appeals after a deadline has been missed.
Your feel sorry for the inmate. He is not that strong and has a difficult time defending himself. You know the guard in question, and he does not always do everything he should. The guard claims that he did what he could and followed institutional guidelines. You were not present that night, though, so you do not know exactly what happened.
-What would you ultimately do? Explain your answer.