Deck 15: Appeals and Offender Rights

Question 1

A judicial order requiring the recipient to conform to the court's decision is a

A) writ of habeas corpus.
B) writ of mandamus.
C) court master.
D) tort.

Answer 1

writ of mandamus.

Question 2

The foundation for civil rights petitions originates from which constitutional amendment?

A) Fifth
B) Eighth
C) Twelfth
D) Fourteenth

Answer 2

Fourteenth

Question 3

Which of the following is not a legislative enactment designed to reduce the level of civil rights cases filed by inmates?

A) Section 1983
B) Civil Rights of Institutionalized Persons Act
C) Prison Litigation Reform Act
D) Antiterrorism and Effective Death Penalty Act

Answer 3

Section 1983

Question 4

Which of the following statements is true regarding the effects of the Prison Litigation Reform Act on the rate and number of civil rights petitions?

A) There was a small decrease.
B) They increased dramatically.
C) They decreased dramatically.
D) There was no change.

Question 5

What is a court master?

A) A court representative who monitors correctional compliance with court orders
B) The most senior judge in each individual court within a state court system
C) The chief justice of the state supreme court
D) An administrator person within the state court system who is responsible for the day-to-day running of the courts

Question 6

Which of the following statements about convicted offenders is true?

A) A defendant officially acquires the status of "convicted offender" immediately after the jury hands down a verdict of guilty.
B) An individual will not spend time in prison prior to acquiring the status of "convicted offender."
C) To be considered a convicted offender, an individual must have gone through the appeals process and the sentence must have been upheld.
D) Convicted offenders are under the jurisdiction of the court master until they are physically transferred to a prison or jail.

Question 7

The concept of civil death is visible today in the restrictions placed on ________ in prison.

A) access to contraband
B) visitation
C) religious rights
D) access to medical treatment

Question 8

Which of the following restrictions on the use of the mail system would not be an appropriate restriction for a correctional administrator to place on prisoners?

A) Requiring death row inmates to receive only photocopies of any mail they receive, other than mail from attorneys
B) Examining all incoming and outgoing mail for contraband
C) Prohibiting inmates from using direct email for correspondence
D) Censoring mail sent from an inmate to an attorney

Question 9

The ________ standard is the basic test for the permissibility of mail and literature that is used by corrections to justify restricting inmates' rights.

A) contraband
B) civil death
C) clear and present danger
D) yellow card

Question 10

In which case did the Supreme Court establish access to the federal courts as a constitutional right for all inmates?

A) Cooper v. Pate
B) Johnson v. Avery
C) Ex parte Hull
D) Younger v. Gilmore

Question 11

The case of Johnson v. Avery provided inmates with the right to

A) petition for habeas corpus.
B) the free exercise of religion.
C) access federal courts.
D) use jailhouse lawyers.

Question 12

What was a result of the ruling in Johnson v. Avery?

A) It led to a significant increase in the number of civil rights petitions by inmates.
B) It forced prisons to provide more extensive medical and dental services to inmates.
C) It led to increased demands by non-Christian inmates to have the ability to exercise their religions in prison.
D) It prevented prisons from censoring mail or limiting communications between inmates and their attorneys.

Question 13

Under the deliberate indifference test for complaints about medical care in prison, in which of the following situations could an inmate invoke the Eighth Amendment?

A) Any relevant tort claim
B) Medical negligence
C) Total deprivation of medical services
D) Medical malpractice

Question 14

Section 1983 of the U.S. Code allows which of the following?

A) It allows inmates to sue in federal court.
B) It allows states to sue inmates.
C) It allows inmates to have conjugal visits.
D) It allows states to outsource inmate medical care.

Question 15

Which of the following is not an alternative to litigation?

A) Grievance boards
B) Mediation
C) Ombudsman
D) Filing a lawsuit

Question 16

What is the purpose of the writ of habeas corpus?

A) To allow prisoners to contest the death penalty
B) To allow prisoners to test the legality of their confinement
C) To allow prisons to legally limit prisoners' rights
D) To allow prisons to increase prisoners' community ties

Question 17

Which of the following is not a common collateral consequence of a conviction?

A) The loss of the right to hold public office
B) The loss of the right to own firearms
C) The loss of the right to vote
D) The loss of the right to have a child

Question 18

The ________ or shame attached to ex-offenders can significantly affect their ability to successfully reintegrate into the community.

A) self-efficacy
B) stigma
C) civil death
D) expungement

Question 19

Which of the following statements regarding the loss of civil rights as a result of a felony conviction is false?

A) State laws can impose collateral consequences on federal felons.
B) Laws governing the loss and restoration of civil rights vary widely from state to state.
C) Lost rights are restored after the offender has completed serving his or her sentence.
D) Some federal felons may be able to regain their rights through state procedures.

Question 20

Ohio's Certificate of Qualification for Employment has what legal advantage for employers?

A) It eliminates employment restrictions that may lead to a discrimination lawsuit.
B) It guarantees that the inmate has a minimum specified level of education, such as a GED.
C) It ensures that the inmate is qualified to perform the job for which he or she is being hired.
D) It prevents employers from being sued for negligent hiring.

Question 21

Lawsuits that are targeting the ability of employers to question applicants about an arrest, even if it did not result in conviction generally are based on

A) the Civil Rights Act.
B) the Eighth Amendment.
C) the clear and present danger test.
D) Section 1983.

Question 22

What requirement is imposed under Megan's Law?

A) Sex offenders must inform local police of their location and prior convictions.
B) All states must participate in the national sex offender registry.
C) The felony records of all minors must be sealed upon the minor's 21^st birthday.
D) All criminal records must be expunged 5 years from date of conviction.

Question 23

________ destroys or seals an offender's criminal conviction history, removing the stigma of a criminal record.

A) An expungement statute
B) Section 1983
C) A Certificate of Qualification for Employment
D) A yellow card law

Question 24

Why are pardons usually governed by state law?

A) The granting of criminal pardons is not a matter of federal interest.
B) The Supreme Court has stated that the right to grant pardons is limited to the states.
C) The Supreme Court's decisions on pardons are contradictory.
D) The Supreme Court has never decided a case related to criminal pardons.

Question 25

An offender's rights may be restored at all but which of the following points?

A) Upon conviction
B) When parole is granted
C) At the point of pardon
D) Upon release from parole

Question 26

Which of the following is a type of clemency that results in a significant reduction in an offender's sentence?

A) Pardon
B) Expungement
C) Commutation
D) Reversal of civil death

Question 27

A writ of mandamus is used to bring a prisoner before the court to determine if the person's imprisonment is lawful.

Question 28

Civil rights petitions can be filed in federal court.

Question 29

The Prison Litigation Reform Act sought to reduce the number of petitions filed by inmates claiming civil rights violations.

Question 30

The Prison Litigation Reform Act was ineffective at reducing the number of civil rights petitions filed in federal court.

Question 31

A court master oversees the day-to-day compliance of a correctional institution to a consent decree.

Question 32

A defendant acquires the status of convicted offender after being found guilty and sentenced.

Question 33

Case law permits restrictions to be placed on an inmate's right to use the mail system.

Question 34

In recent years, the courts have held that censorship of correspondence between inmates and their lawyers is constitutional.

Question 35

The court ruling that Black Muslims were entitled to follow their prescribed religious practices can also be applied to inmates who practice other recognized religions.

Question 36

The case of Cooper v. Pate gave inmates the right to use jailhouse lawyers.

Question 37

Under the deliberate indifference standard, medical negligence or malpractice may serve as a basis for an Eighth Amendment claim.

Question 38

Inmates suing in federal court under Section 1983 must first go through all possible state court remedies.

Question 39

Inmates who agree to mediation to deal with an alleged legal rights violation may also file a lawsuit at the same time.

Question 40

The loss of the right to vote is a collateral consequence of conviction.

Question 41

Social stigma resulting from a criminal conviction increases the self-efficacy of most offenders.

Question 42

Civil rights lost as a result of a felony conviction cannot be restored.

Question 43

Offenders do not have the right to employment after being released from prison.

Question 44

A Certificate of Qualification for Employment prevents an employer who hires a former inmate from being sued for negligent hiring.

Question 45

Some types of jobs may be restricted to individuals who have a criminal record, so that ex-offenders may automatically be denied employment.

Question 46

In the United States today, employers can no longer ask applicants questions about an arrest that did not result in an actual criminal conviction.

Question 47

Expungement is a way to reduce the negative effect of a criminal conviction after the offender returns to the free world.

Question 48

A conditional pardon applies to both the offender's guilt and punishment.

Question 49

A judicial order requiring the recipient to conform to the court's decision is called a writ of ________.

Question 50

The Prison ________ Reform Act sought to reduce the number of petitions filed by inmates claiming civil rights violations.

Question 51

The legal representative who is charged with monitoring correctional compliance on behalf of that court is called a(n) ________ master.

Question 52

A(n) ________ offender is an individual who has been found guilty of a crime and who has exhausted all appeals of conviction and sentencing.

Question 53

The clear and present ________ standard is the legal test used in corrections to determine the permissibility of mail and literature.

Question 54

Although ________ lawyers generally have no formal legal education, they provide legal services to fellow prisoners.

Question 55

The first Supreme Court case to address the provision of ________ treatment in prison was Estelle v. Gamble.

Question 56

With regard to medical services in prison, the test of deliberate ________ is a requirement for invoking the Eighth Amendment standard of cruel and unusual punishment.

Question 57

Disabilities imposed upon an offender on the basis of conviction, in addition to the punishment imposed by statute and handed down by the court, are known as collateral ________.

Question 58

Social ________ resulting from an individual's criminal status can significantly affect the offender's ability to obtain a job after release from prison.

Question 59

The automatic revocation of a teaching certificate upon conviction of a sex crime involving children is an example of a(n) ________ disability.

Question 60

Legislation requiring sex offenders to inform local police agencies of their location and the nature of their prior convictions is known as ________ Law.

Question 61

The process by which a record of crime conviction is destroyed or sealed after expiration of a statutorily required period of time is known as ________.

Question 62

A(n) ________ pardon applies to both the punishment and the guilt of an offender, and restores the offender's civil rights.

Question 63

Match the case with its ruling .

-Ex parte Hull

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment
B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits
C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services
D) Established access to the federal courts as a constitutional right for inmates
E) Guaranteed inmates access to adequate legal research materials

Question 64

Match the case with its ruling .

-Johnson v. Avery

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment
B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits
C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services
D) Established access to the federal courts as a constitutional right for inmates
E) Guaranteed inmates access to adequate legal research materials

Question 65

Match the case with its ruling .

-Younger v. Gilmore

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment
B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits
C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services
D) Established access to the federal courts as a constitutional right for inmates
E) Guaranteed inmates access to adequate legal research materials

Question 66

Match the case with its ruling .

-Estelle v. Gamble

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment
B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits
C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services
D) Established access to the federal courts as a constitutional right for inmates
E) Guaranteed inmates access to adequate legal research materials

Question 67

Match the case with its ruling .

-Farmer v. Brennan

A) Determined that deliberate indifference to an inmate's serious medical needs violates the Eighth Amendment
B) Gave prisoners the right to use jailhouse lawyers when filing lawsuits
C) Created the deliberate indifference test as the standard for filing an Eighth Amendment claim regarding lack of medical services
D) Established access to the federal courts as a constitutional right for inmates
E) Guaranteed inmates access to adequate legal research materials

Question 68

Match the alternative to litigation with its definition ..

-Inmate grievance procedures

A) A public official who investigates complaints and is empowered to recommend corrective solutions and measures
B) A committee of institutional employees and inmates investigates inmate complaints and proposes solutions to correctional administrators
C) A committee of institutional employees investigates inmate complaints and proposes solutions to correctional administrators
D) An individual who is skilled in corrections and who hears differences between inmates and facility staff or administrators and renders a decision that is binding on both parties

Question 69

Match the alternative to litigation with its definition ..

-Mediators

A) A public official who investigates complaints and is empowered to recommend corrective solutions and measures
B) A committee of institutional employees and inmates investigates inmate complaints and proposes solutions to correctional administrators
C) A committee of institutional employees investigates inmate complaints and proposes solutions to correctional administrators
D) An individual who is skilled in corrections and who hears differences between inmates and facility staff or administrators and renders a decision that is binding on both parties

Question 70

Match the alternative to litigation with its definition ..

-Ombudsman

A) A public official who investigates complaints and is empowered to recommend corrective solutions and measures
B) A committee of institutional employees and inmates investigates inmate complaints and proposes solutions to correctional administrators
C) A committee of institutional employees investigates inmate complaints and proposes solutions to correctional administrators
D) An individual who is skilled in corrections and who hears differences between inmates and facility staff or administrators and renders a decision that is binding on both parties

Question 71

Match the alternative to litigation with its definition ..

-Grievance board

A) A public official who investigates complaints and is empowered to recommend corrective solutions and measures
B) A committee of institutional employees and inmates investigates inmate complaints and proposes solutions to correctional administrators
C) A committee of institutional employees investigates inmate complaints and proposes solutions to correctional administrators
D) An individual who is skilled in corrections and who hears differences between inmates and facility staff or administrators and renders a decision that is binding on both parties

Question 72

Explain the purpose and function of a court master in corrections.

Question 73

What are collateral consequences? Explain the secondary handicaps of conviction that continue to affect offenders even after they have served their sentences.

Question 74

The text states that "the problem with having a criminal record in this country is especially critical when an arrest does not result in a conviction"
(p. 377). Explain this statement.

Question 75

Offenders face a variety of collateral consequences as well as considerable social stigma as a result of a criminal conviction. Should former criminals face social stigma and/or legal disability? Is there a distinction between the way in which convicted felons and those convicted of misdemeanors and lesser offenses should be treated by society?

Question 76

Identify some potential problems associated with requiring sex offender registration. Do you think the advantages of registration outweigh these disadvantages? Support your response.