Deck 3: Correctional Law and Legal Liabilities

Question 1

The period of time during which the Supreme Court and the lower courts avoided intervening in prison operations is generally known as the ___________.

A) hands-on doctrine
B) civil rights movement
C) one hand-on, one hand-off doctrine
D) hands-off doctrine

Answer 1

D

Question 2

Which philosophical orientation contends that crime is suffering and the ending of crime is only possible with the ending of suffering?

A) Retributive criminology
B) Determinate criminology
C) Indeterminate criminology
D) Peacemaking criminology

Answer 2

D

Question 3

Which is not an element of the rational basis test?

A) There must be a rational and clear connection between the regulation and the reason that is given for that regulation's existence.
B) Inmates must be given alternative means to practice a given right that has been restricted, when feasible.
C) The means by which prison staff and inmates are affected must be kept as minimal as realistically possible.
D) Prison personnel do not need to consider less restrictive alternative means of impeding upon an inmate's rights.

Answer 3

D

Question 4

In this case, the Court held that even when prison policies allow jailhouse lawyers to provide assistance to other inmates, prison systems must still provide inmates with either adequate law libraries or adequate legal assistance from persons trained in the law.

A) O'Lone v. Estate of Shabazz (1987)
B) Bounds v. Smith (1977)
C) Cruz v. Beto (1972)
D) Lewis v. Casey (1996)

Question 5

This amendment is what is cited in most cases involving excessive use of force and other physical injuries where inmates file suit.

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

Question 6

In prison settings, this amendment has limited applicability because, for the most part, inmates do not have a legitimate expectation of privacy while serving their sentence.

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

Question 7

When correctional officers are faced with lawsuits (whether state or federal), the issue of __________ is an automatic concern.

A) whether they are guilty
B) who will pay the legal costs
C) legal representation
D) whether they will be fired

Question 8

This doctrine contends that while incarcerated, (1) inmates do not forget their constitutional rights, (2) inmates' rights are not as broad and encompassing as are free persons', and (3) prison officials need to maintain order, security, and discipline in their facilities.

A) The hands-on doctrine
B) The hands-off doctrine
C) The deliberate indifference doctrine
D) The one hand-on, one hand-off doctrine

Question 9

In Estelle v. Gamble (1976), it was found that deliberate indifference to an inmate's medical needs constitutes cruel and unusual punishment, a violation of the __________ Amendment.

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

Question 10

Most plaintiffs in civil cases seek __________ through the courts.

A) declaratory judgments
B) monetary damages
C) injunctions
D) defamation

Question 11

During the early history of corrections in the United States, the courts were generally involved in prison operations.

Question 12

Civil liability under state law often is referred to as __________ law.

A) tort
B) intentional
C) defamation
D) malicious prosecution

Question 13

A consent decree is an injunction that requires __________________.

A) that both the defendant and the plaintiff agree to work out the terms
B) that the defendant agrees to the terms
C) that the plaintiff agrees to work out the terms
D) that the judge makes the final decision

Question 14

This case determined that inmates do not have the right to either retained or appointed counsel for disciplinary hearings that are not part of an actual criminal prosecution.

A) Wolff v. McDonnell (1974)
B) Baxter v. Paligiano (1976)
C) Vitek v. Jones (1980)
D) Superintendent, Walpole v. Hill (1985)

Question 15

An invasion of a person's interest through his or her reputation is known as:

A) slander
B) defamation
C) libel
D) emotional distress

Question 16

This is the primary case that deals with inmate access to the courts.

A) Johnson v. Avery (1969)
B) Ex parte Hull (1941)
C) Turner v. Safley (1987)
D) Cooper v. Pate (1964)

Question 17

This is a court order that requires an agency to take some form of action or to refrain from a particular action or set of actions.

A) Declaratory judgments
B) Compensatory damages
C) Punitive damages
D) Injunction

Question 18

This Supreme Court case held that no state or its officers could legally interfere with a prisoner's right to apply to a federal court for writs of habeas corpus.

A) Johnson v. Avery (1969)
B) Ex parte Hull (1941)
C) Turner v. Safley (1987)
D) Cooper v. Pate (1964)

Question 19

This amendment essentially safeguards the very right to speak, communicate, and act freely.

A) The First Amendment
B) The Fourteenth Amendment
C) The Eighth Amendment
D) The Second Amendment

Question 20

Which is not a provision of the Prison Litigation Reform Act of 1995?

A) Do not limit inmates' ability to file lawsuits.
B) Require the payment of full filing fees in some instances.
C) Impose harsh sanctions for filing frivolous or malicious lawsuits.
D) Require that any damages awarded to inmates be used to satisfy pending restitution orders.

Question 21

Inmates in state and federal prison have increasingly petitioned the courts for relief under a variety of statutes.

Question 22

Describe and discuss the differences and similarities between the hands-on doctrine, the hands-off doctrine and the one hand-on one hand-off doctrine.

Question 23

Correctional staff of the opposite gender can constitutionally search an inmate of the opposite gender.

Question 24

What are the various types of damages that can be awarded through a civil tort case?

Question 25

Given the strict confines of the prison setting, it is no surprise that the First Amendment was the legal basis behind numerous forms of inmate redress. Define and discuss the First Amendment and how it is related to prisons and prison inmates. In addition, discuss at least three Supreme Court cases that have relevance to the First Amendment and the field of corrections.

Question 26

The imposition of the death penalty must not consist of the unnecessary infliction of pain or be malicious or sadistic in nature.

Question 27

Malicious prosecution is defined as doing what a reasonably prudent person would not have done in similar circumstances.

Question 28

Liability can attach only at the federal level of government.

Question 29

Liability under Section 1983 is the most frequently used civil redress sought by persons seeking damages from the government.

Question 30

In the vast majority of cases, negligence suits do not actually win, particularly if the offender adheres to agency policy.

Question 31

Qualified immunity exists for those persons who work in positions that require unimpaired decision making.