Deck 10: Prisoner Disciplinary Proceedings

Question 1

The __________ and __________ are the two Amendments where due process of law can be found.

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

Answer 1

Fourteenth Amendment; Fifth Amendment

Question 2

The substantive aspect of due process involves which of the following?

A) Procedures or means that affect fundamental rights
B) Fundamental rights such as life, liberty, and property
C) Both a and b
D) None of the above

Answer 2

Fundamental rights such as life, liberty, and property

Question 3

In deciding what procedures are constitutionally required at prison disciplinary hearings, federal courts have been influenced by the due process requirements of which of the following?

A) The Supreme Court
B) Administrative law
C) State law
D) Prison rules and regulations

Answer 3

Administrative law

Question 4

Which of the following does the Supreme Court require for due process in disciplinary hearings?

A) A timely and adequate notice
B) An opportunity to defend
C) An impartial decision maker
D) All of the above

Question 5

In __________, the Supreme Court laid down the constitutional guidelines for disciplinary proceedings, but left flexibility in the conduct of disciplinary hearings.

A) Wolff v. McDonnell
B) Baxter v. Palmigiano
C) Sandin v. Conner
D) Delaney v. Selsky

Question 6

In __________, the Supreme Court held prisoners do not "have a right to either retained or appointed legal counsel in disciplinary hearings."

A) Wolff v. McDonnell
B) Baxter v. Palmigiano
C) Sandin v. Conner
D) Delaney v. Selsky

Question 7

When are a prisoner's due process rights and requirements not met during the period of notice of the hearing?

A) When a prisoner is not informed of the nature of the accusation against them
B) When a prisoner is not informed of the evidence to be used against them
C) When a prisoner is not given a 24-hour notice
D) All of the above

Question 8

All of the following are situations where prison officials do not have to disclose details to a prisoner concerning the charges against that prisoner EXCEPT when:

A) Disclosure will identify the informant
B) The prison official is the informant
C) Retaliation against an informant will result from identification
D) The identity of the informant would not otherwise be known to the accused

Question 9

In which step(s) of the disciplinary proceeding is the "undue hazard" standard utilized?

A) Witness, confrontation, cross-examination
B) Administrative review
C) The record
D) Evidence

Question 10

Which of the following Supreme Court cases requires impartiality by requiring a decision maker not be directly involved in the incident in question or the investigation of the incident to ensure decisions are made strictly on facts?

A) Wolff v. McDonnell
B) Baxter v. Palmigiano
C) Sandin v. Conner
D) Delaney v. Selsky

Question 11

When may pre-hearing detention be justified?

A) A pre-hearing detention is never justified
B) When a prisoner is the informant
C) When a prisoner has committed a physical assault
D) Detention is used as punishment

Question 12

Which Supreme Court case carefully distinguished criminal proceedings, to which the double jeopardy clause applies, from disciplinary proceedings?

A) Wolff v. McDonnell
B) Baxter v. Palmigiano
C) Sandin v. Conner
D) Delaney v. Selsky

Question 13

Which Supreme Court case addressed liberty interests during the disciplinary proceeding?

A) Wolff v. McDonnell
B) Baxter v. Palmigiano
C) Sandin v. Conner
D) Delaney v. Selsky

Question 14

In recent years, great emphasis has been given to the disciplinary procedures and practices of prison administrators.

Question 15

Regarding due process of law, the Fifth Amendment applies to state action, and the Fourteenth Amendment applies to federal action.

Question 16

Administrative agencies are required by due process to act only after adequate notice and only after an opportunity for a fair hearing.

Question 17

Wolff established maximum constitutional requirements, and not the bare minimum.

Question 18

There is no constitutional right to confrontation and cross-examination in a disciplinary hearing.

Question 19

An adverse inference may be drawn from a prisoner's silence at his/her disciplinary proceeding.

Question 20

Disciplinary proceedings are criminal proceedings, not civil proceedings.

Question 21

A 24-hour notice of a disciplinary hearing can be waived through a written statement or orally.

Question 22

A "counsel substitute" can only be a staff member.

Question 23

The right to administrative review of a disciplinary decision is constitutionally required.

Question 24

The standard for evidence in a disciplinary hearing is "beyond a reasonable doubt."

Question 25

Remedies in the federal courts are usually limited to injunctive relief, civil suit under 42 U.S.C. § 1983, and habeas corpus under 28 U.S.C. § 2241.

Question 26

Explain the different rights afforded to prisoners during disciplinary procedures after the Court's rulings in Wolff v. McDonnell and Baxter v. Palmigiano.

Question 27

Summarize the prevailing case of Sandin v. Conner and its importance.