Deck 2: Religion in Prison

Question 1

The __________ of the U.S. Constitution possesses two clauses which are contradictory: the establishment clause and the free exercise clause.

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

Answer 1

First Amendment

Question 2

Restrictions to "religious opportunities" are reviewed in light of all of the following factors EXCEPT:

A) Whether available alternatives are absent, bearing on the reasonableness of the regulation
B) Whether the accommodation would have a significant impact on guards
C) Whether the regulation is agreed upon by the majority of prison staff and administrators
D) Whether there is a "valid, rational connection" between the regulation and legitimate government interest

Answer 2

Whether the regulation is agreed upon by the majority of prison staff and administrators

Question 3

Which of the following is the most frequently cited justification for limiting a prisoner's religious freedom?

A) Maintenance of security
B) Exercise of authority
C) Economic considerations
D) Official's discretion

Answer 3

Maintenance of security

Question 4

Which historical approach is still used to argue that control over religious freedom in prison is a proper subject for the exercise of authority and official discretion?

A) Due process
B) Non-interference
C) Shocked the conscience
D) Unduly hazardous

Question 5

In __________, the Supreme Court held that there was no burden on prison officials to disprove the availability of alternative methods of accommodating prisoners' religious rights.

A) O'Lone v. Estate of Shabazz
B) Cutter v. Wilkinson
C) Holt v. Hobbs
D) Walker v. Blackwell

Question 6

Prisoners in custodial supervision are allowed to attend religious services unless which of the following are reasons?

A) A physician-certified medical reason
B) Proof that the prisoner was a dangerous security risk
C) The prisoner's attendance would substantially and adversely affect security
D) All of the above

Question 7

The right of which religious group has dominated litigated cases over the years?

A) Catholicism
B) Protestants
C) Black Muslims
D) Jewish

Question 8

Which of the following religious aspects enjoys no First Amendment protection when used to "cause or encourage disruption of established prison discipline for the sake of disruption"?

A) Free access to ministers
B) Right to proselytize
C) Right to correspond with religious leaders
D) Wearing of religious medals

Question 9

All of the following are grounds to require that a prisoner specify their religious preference upon entering prison EXCEPT:

A) Classification is a valid means to control proselytizing
B) Some rabbis in prison had policies of refusing conversion of prisoners to the Jewish faith
C) All of the above
D) None of the above

Question 10

According to the Supreme Court, reasons justifying the search of an arrestee's bag during booking include all of the following EXCEPT:

A) Orderly police administration
B) Obtaining evidence to use at trial
C) Protection of a suspect's property
D) Deterrence of false claims of theft against the police

Question 11

In __________, the Supreme Court finally addressed the issue on beards grown for religious reasons.

A) O'Lone v. Estate of Shabazz
B) Cutter v. Wilkinson
C) Holt v. Hobbs
D) Walker v. Blackwell

Question 12

The Religious Freedom Restoration Act (RFRA) was passed by Congress in response to which Supreme Court decision?

A) Employment Division, Department of Human Resources of Oregon v. Smith
B) Cutter v. Wilkinson
C) Holt v. Hobbs
D) Sherbert v. Verner

Question 13

In which Supreme Court case did the Court hold that Religious Land Use and Institutionalized Persons Act (RLUIPA) does not impermissibly advance religion by giving greater protection to religious rights than to other constitutionally protected rights?

A) Employment Division, Department of Human Resources of Oregon v. Smith
B) Cutter v. Wilkinson
C) Holt v. Hobbs
D) Sherbert v. Verner

Question 14

Explanations are required to be given by prison officials when attempting to limit religious rights.

Question 15

The use of the "clear and present danger" test limiting the freedom of speech could be used in limiting freedom of religion within prisons.

Question 16

The application of the Equal Protection Clause is particularly relevant in cases dealing with minority religions.

Question 17

The applicability of constitutional decisions should be specific to the religious practice in question.

Question 18

Prisoners in "punitive segregation and keeplock" could be denied participation in chapel services simply based on the basis of their classification.

Question 19

The Supreme Court ruled to allow inmates to grow a ½-inch beard for religious purposes.

Question 20

The standard for prisoner access to religious literature was determined in Northern v. Nelson.

Question 21

RFRA established two standards to measure judicial review of prison religious practices: one for federal prisoners and one for state and local prisons and jails.

Question 22

The Religious Land Use and Institutionalized Persons Act (RLUIPA) stated: no government shall impose a substantial burden on the religious exercise of a person confined to an institution.

Question 23

Religious activities must be regulated equally to all religious groups.

Question 24

A prison is only required to provide a kosher diet when there is a practicing orthodox Jew.

Question 25

Wearing religious medals is an acceptable religious practice protected by the First Amendment.

Question 26

For each of the scenarios below, use the case law presented in this chapter to discuss whether correctional officials would be able to restrict religious freedom.
● An inmate wants to correspond with Elijah Muhammad, a Black Muslim leader.
● An inmate wants access to the religious literature of Muhammad Speaks.
● An inmate is confined, but wants access to a minister.

Question 27

Summarize the emergence of the Religious Land Use and Institutionalized Persons Act (RLUIPA), its importance, and its decline.

Question 28

Discuss the differences and similarities between restrictions of diet for Muslims and Jews.