Deck 11: Legal Issues in Corrections

Question 1

Two primary federal sources of prisoners' rights are the

A) U.S. Constitution and Declaration of Independence.
B) U.S. Constitution and Civil Rights Act.
C) Bill of Rights and Magna Carta.
D) Declaration of Independence and Bill of Rights.

Answer 1

U.S. Constitution and Civil Rights Act.

Question 2

Which doctrine best expresses the contemporary approach by courts to judicial involvement in prison administration?

A) The hands-off doctrine.
B) The hands-on doctrine.
C) The deference doctrine.
D) The participatory doctrine.

Answer 2

The deference doctrine.

Question 3

A law that prohibits the imposing of a greater punishment for a crime than was in effect when the crime was committed is the

A) writ of habeas corpus.
B) corpus delicti ad infinitum.
C) ex post facto law.
D) pro se quo law.

Answer 3

ex post facto law.

Question 4

The phrase "cruel and unusual punishment"

A) was clearly defined in the 1952 U.S. Supreme Court case Harcourt v. Virginia.
B) changes in meaning as society's standards of decency evolve.
C) means the same as torture.
D) is applied to federal prisoners but not to state prisoners unless it is specifically mentioned in the state constitution.

Question 5

According to the theory of incorporation

A) all provisions of the Bill of Rights are made applicable to the states through the due process clause of the Fourteenth Amendment.
B) prison officials must consolidate all rules and regulations into an inmate handbook in order for those rules and regulations to be constitutional.
C) state trial courts must incorporate into their own decision any relevant federal court ruling.
D) state appellate courts should defer to prison policies when ruling on inmate complaints.

Question 6

Of the Fourteenth Amendment's two clauses, the ________ clause addresses the actions to be used when depriving a person of life, liberty, or property and the ________ clause the application of law to all people within the jurisdiction.

A) equal protection / due process
B) due process / equal protection
C) free exercise / establishment
D) establishment / free exercise

Question 7

Which of the following has a court ruled as violating prisoners' constitutional protection against cruel and unusual punishment?

A) Jail officials in Kentucky served an inmate only one meal-sufficient to maintain normal health-a day for 15 consecutive days.
B) Prison officials in Michigan failed to provide inmates with winter coats, hats, and gloves.
C) Prison officials in Nevada refused to grant an inmate's request for crunchy rather than creamy peanut butter.
D) Prison officials in Illinois failed to provide an inmate with toilet paper for 5 days, or with soap, toothpaste, or a toothbrush for 10 days.

Question 8

Civil rights claims are sometimes referred to ________ because of the location of the Civil Rights Act in the U.S. Code.

A) Section 1983 claims
B) Section 1095 claims
C) Section 205 claims
D) Section 803 claims

Question 9

Which of the following does your textbook suggest is the most basic right for prisoners?

A) Freedom of religion.
B) Right to privacy.
C) Right to sue their captors.
D) Right to access the courts.

Question 10

Of the two religion clauses found in the First Amendment, which presents the greater problem for prison officials?

A) The establishment clause.
B) The exercise clause.
C) The creation clause.
D) The inclusion clause.

Question 11

Of the many possible religions, the one(s) that the courts have consistently ruled cannot be practiced in prison because it (they) threatens prison security is

A) Judaism.
B) Satanism.
C) Islam.
D) all of the above.
E) none of the above.

Question 12

Which of the following best expresses the standard set in Turner v. Safley that courts should use when responding to prisoner complaints about restrictions placed on them by prison officials?

A) Does the restriction violate any of the Bill of Rights?
B) Does the restriction take away any right previously given to prisoners?
C) Is the restriction humane?
D) Is the restriction reasonably related to legitimate penological interests?

Question 13

The Prison Litigation Reform Act (PLRA. affects prisoner litigation through three provisions. Which of the following is NOT one of those provisions?

A) Frequent filer provision. Prisoner must pay full filing fee, or at least a down payment followed by installment payments.
B) Qualified assistant provision. To encourage legitimate suits, prisoner must have the assistance of a qualified person (e.g., a lawyer, law student, or paralegal) when filing a lawsuit.
C) Three-strikes provision. Prisoners are prohibited, except in cases of immediate threat of physical harm, from filing new lawsuits after having previously filed three or more lawsuits that were dismissed as frivolous.
D) Exhausted remedies provision. Prisoners must use all available administration remedies at their place of confinement before filing a complaint in court.

Question 14

The Prison Litigation Reform Act (PLRA. became law in 1996 in an attempt to reduce frivolous lawsuits by prisoners. Which of the following most accurately reflects the results of current research regarding the PLRA?

A) The PLRA has succeeded in both reducing the volume of prisoner litigation and in encouraging the filing of only the more meritorious cases.
B) The PLRA has not succeeded in either reducing the volume of prisoner litigation or in encouraging the filing of only the more meritorious cases.
C) The PLRA has succeeded in reducing the volume of prisoner litigation but not in encouraging the filing of only the more meritorious cases.
D) The PLRA has succeeded filing of only the more meritorious cases, but not in reducing the volume of prisoner litigation.

Question 15

What is meant by the notion of "civil death"?

A) Offenders forfeit all rights and privileges of citizenship.
B) State prison authorities cannot impose certain policies on inmates.
C) Inmates must be executed within five years of a death sentence being imposed.
D) States can require inmates to participate in treatment programs even if the inmate does not want to participate.

Question 16

A convicted felon who is prevented from voting, serving on a jury, or carrying a pistol, is being subjected to

A) unconstitutional restrictions, according to Richardson v. California.
B) typical conditions of a pardon.
C) conditions that can be imposed while the felon is in prison but that must be restored as soon as the felon leaves prison.
D) civil disabilities.

Question 17

As a result of her drug conviction and subsequent prison sentence, Colleen is not allowed to return to her public housing apartment nor can she receive food stamp benefits. Colleen is suffering the impact of

A) racial discrimination.
B) invisible punishments.
C) ex post facto laws.
D) the Prison Litigation Reform Act.

Question 18

Which term refers to sanctions that operate mostly beyond public view, yet have very serious consequences for the individuals affected?

A) Extra-legal sanctions.
B) Statutory sanctions.
C) Invisible punishment.
D) Class punishment.

Question 19

Laws requiring citizens to be notified when a convicted felon moves, or is planning to move, into a community are currently restricted to which type of offender?

A) Violent felony offenders.
B) Offenders on parole.
C) Property and violent felony offenders.
D) Sex offenders.

Question 20

Examples of collateral consequences of a sexual offense conviction include ________ and public notification laws.

A) sex education mandate laws
B) physical contact laws
C) sex offender registration laws
D) no sexual contact laws

Question 21

Which of the following is an example of a systemic relief approach designed to lessen the negative impact of collateral consequences?

A) Ban-the-box.
B) Sealing of a conviction.
C) Offense downgrade.
D) Certificate of rehabilitation.

Question 22

When restoration of rights is not automatic after sentence completion, which of the following is an example of an approach that destroys or makes inaccessible the person's criminal record?

A) Certificate of rehabilitation.
B) Offense downgrade.
C) Expungement.
D) Tossing.

Question 23

The "rights-are-retained"
position most accurately identifies the approach to prisoners' rights that is taken by the U.S. Supreme Court today.

Question 24

A writ of habeas corpus is a legal mechanism used by persons charged with homicide to force prosecutors to prove someone was actually murdered.

Question 25

Cruel and unusual punishment is prohibited by the First Amendment to the U.S. Constitution.

Question 26

Inmate Jones believes he is being treated differently by prison officials when compared with his cellmate Smith. To make a legal claim on this point, Jones should use the Fourteenth Amendment's equal protection clause.

Question 27

When disciplining prisoners, prison officials must follow the same procedures as found in criminal court.

Question 28

All civil rights held by Americans are enumerated in the U.S. Constitution.

Question 29

Segregation of races in prisons and jails is unconstitutional even if prison officials are acting in good faith and are simply taking racial tensions into account as they attempt to maintain security, discipline, and good order.

Question 30

The U.S. Supreme Court has ruled that in order for prisoners to have access to the courts, prison officials must provide inmates with adequate law libraries and adequate legal assistance.

Question 31

Regarding the right of religious freedom, the First Amendment includes the freedom to believe; but the U.S. Supreme Court has ruled that prison officials can force an inmate to reject unsavory religious beliefs (Satanism, for example) if such beliefs could upset other prisoners.

Question 32

Regarding the right of religious freedom, the First Amendment includes the freedom to act; but the U.S. Supreme Court has ruled that prison officials can limit certain religious acts (preventing attendance at certain worship services, for example) as long as the restriction meets legitimate penological interests.

Question 33

As part of the Prison Litigation Reform Act, indigent prisoners are prohibited from filing new lawsuits when they have previously filed three or more actions that were dismissed as frivolous or malicious.

Question 34

People convicted of drug offenses while enrolled in school and while receiving federal financial assistance may become ineligible for federal student loans, grants, and work assistance.

Question 35

Research shows that community members strongly support sex offender notification laws and report feeling safer as a result of knowing where sex offenders live.

Question 36

Civil disenfranchisement refers to the loss of the right to vote.

Question 37

Persons in prison are typically not allowed to vote, but the U.S. Supreme Court has ruled that once a person has completed their prison sentence their right to vote is automatically restored.

Question 38

In some states there are laws that limit an employer's ability to consider a criminal conviction when a person is applying for employment or licensing.

Question 39

Traditionally, the granting of a pardon was the primary method by which rights could be restored to a prisoner who had completed his or her sentence, but the pardon power has fallen victim to political pressure and is used less often today.

Question 40

The rights-are-________ position argues that prisoners are wholly without rights except those expressly conferred by law or necessity.

Question 41

A writ of habeas corpus directs a person (a warden, for example) to show the ________ of the detention.

Question 42

The legal theory arguing that all provisions of the Bill of Rights are made applicable to the states through the Fourteenth Amendment's due process clause is called the theory of ________.

Question 43

________ rights are those personal, natural rights that protect people against arbitrary or discriminatory treatment.

Question 44

Possibly the most basic right for prisoners is ________ to the courts.

Question 45

Prison officials may place restrictions on the practice of a religion if the prison policy is shown to be reasonably related to ________ penological interests.

Question 46

The ________ filer provision of the Prison Litigation Reform Act requires inmates to pay the total filing fees (immediately or by installment) when filing a complaint.

Question 47

Civil ________ refers to a situation wherein a person has forfeited all rights and privileges of citizenship.

Question 48

Invisible punishments add ________ consequences to the actual sentence that was imposed for a criminal act.

Question 49

Several states offer a certificate of ________, which is an official recognition that a criminal offender has shown reliability and good character over time and deserves to regain lost civil rights.

Question 50

New approaches used to bring relief from collateral consequences of a criminal conviction include individual restoration methods and ________ relief methods.

Question 51

A restoration of rights method is to offer an offense ________ to persons who have complied with conditions of supervision.

Question 52

Match the following terms with their meanings.

-Writ of habeas corpus

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 53

Match the following terms with their meanings.

-Ex post facto laws

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 54

Match the following terms with their meanings.

-Incorporation

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 55

Match the following terms with their meanings.

-Civil rights

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 56

Match the following terms with their meanings.

-Civil death

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 57

Match the following terms with their meanings.

-Civil disabilities

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 58

Match the following terms with their meanings.

-Invisible punishment

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 59

Match the following terms with their meanings.

-Collateral consequences

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 60

Match the following terms with their meanings.

-Civil disenfranchisement

A) All rights and privileges of citizenship are forfeited, including things such as the right to enter into a contract or the right to sue.
B) The loss of the right to vote due, for example, to a felony conviction.
C) A partial rather than an absolute loss of rights and privileges.
D) Sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected.
E) Secondary outcomes beyond the actual sentence that was imposed.

Question 61

What is the difference between hands-off doctrine, hands-on doctrine and the deference doctrine?

Question 62

Explain why access to courts can be considered the most basic of prisoner rights and describe how courts expect prisons to grant that access.

Question 63

Explain invisible punishments. Give examples.

Question 64

If a prison allows Catholics, Jews, Hindus, Buddhists, Muslims, Protestants and adherents of other mainstream religions to attend their respective worship services, should Satanist, Wiccans, and followers of other less-traditional religions also be allowed to have their own worship services?

Question 65

What are some reasons for having sex offender registration laws, public notification laws, and residence restriction laws? Do those reasons hold up under scrutiny?