Deck 18: Legal Issues in Corrections

Question 1

The double standard with regard to cross-gender searches is justified on which of the following assumptions?

A) males do not experience loss of job opportunities if they are forbidden to frisk females.
B) intimate touching of a female inmate by a male officer may cause psychological trauma.
C) many female inmates have histories of sexual abuse.
D) all of these

Answer 1

D

Question 2

Cruel and unusual punishment refers to punishment applied

A) maliciously
B) purposefully
C) forcefully
D) provable

Answer 2

A

Question 3

Interpretation of the Eighth Amendment requires that prison officials must provide for

A) medical attention
B) food
C) protection from sexual abuse
D) all of these

Answer 3

A

Question 4

In which case did the U.S. Supreme Court rule that provided due process rights for inmates as indicated in Wolff v. McDonnell, are triggered by any disciplinary action that may result in the loss of "good time," which amounts to an extension of an inmate's sentence?

A) Turner v. Safley
B) Wolff v. McDonnell
C) Sandin v. Connor
D) Kansas v. Hendricks

Question 5

The right to privacy is a paramount concern of the _____ Amendment

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

Question 6

In the year that the PLRA and AEDPA were passed, there were ______ prisoner petitions.

A) 73,406
B) 68,235
C) 54,300
D) 24,519

Question 7

In 2008, there was an estimated _____ in every 100 adults in jails or prisons in the United States.

A) 1
B) 5
C) 11
D) 17

Question 8

Which of the following has been called "the most important legal principle in the world"?

A) parens patriae
B) writ of certiorari
C) rule of law
D) due process of law

Question 9

The rule of law involves the notion that _____ are subject to the law.

A) lawmakers
B) presidents
C) prime ministers
D) all of these

Question 10

_____ is owed to all persons whenever they are threatened with the loss of life, liberty, or property at the hands of the state.

A) Common law
B) Due process of law
C) Rule of law
D) Rule by law

Question 11

The philosophical justification for civil-death statutes came from the text of the _____ Amendment.

A) First
B) Fourth
C) Thirteenth
D) Fifteenth

Question 12

Federal courts in the 20^th century began to apply the rights in the Bill of Rights to state actions in a process known as

A) incorporation.
B) selection.
C) application.
D) federalism.

Question 13

The major issues in prisoner litigation has been

A) the treatment of women
B) the overrepresentation of African Americans
C) the conditions of confinement
D) the treatment of gays and lesbians

Question 14

The term _____ refers to situations in which only one party appears before the court.

A) habeas corpus
B) amicus curiae
C) ex parte
D) parens patriae

Question 15

In which of the following cases did the Court of Appeals widen habeas corpus hearings to include conditions of confinement

A) Ex parte Hull
B) Cooper v. Pate
C) Coffin v. Reichard
D) Jones v. Cunningham

Question 16

Which of the following time periods refers to the courts willingness to defer to the expertise and needs of prison authorities?

A) Hands-Off Period
B) Deference Period
C) Prisoner's Rights Period
D) Medical Period

Question 17

Initially the Bill of Rights was intended only to apply to actions of the federal government and was added to the Constitution to appease the fears of supporters of states' rights.

Question 18

Private misdemeanor probation officers have become glorified debt collectors.

Question 19

The due process clause was first applied to inmates facing disciplinary action for infractions of prison rules in Wolff v. McDonnell (1974).

Question 20

The primary intention of the PLRA was to free prisons and jails from federal court supervision, as well as to limit prisoners' access to the federal courts. Both intentions have largely succeeded.

Question 21

The right to privacy is a paramount concern of the Fourth Amendment

Question 22

Why is habeas corpus significant?

Question 23

List the five due process rights guaranteed to inmates.

Question 24

Which amendments to the Constitution are discussed when addressing the rights of inmates?

Question 25

What were civil death statutes?

Question 26

How has the case of Kansas v. Hendricks affected the way sex offenders are handled in the system?

Question 27

Discuss the rule of law, its originator, and explain its three irreducible elements.

Question 28

Explain the basis and impact of the hands off doctrine. Include examples of the courts response to challenges.

Question 29

Discuss the civil commitment of sex offenders by the ruling in Kansas v. Hendricks, including the various criticisms of this decision.

Question 30

Discuss and explain the impact that both the Prison Litigation Reform Act and the Antiterrorism and Effective Death Penalty Act have had on the rights of inmates?

Question 31

Discuss a progression away from the hands off doctrine and the establishment of prisoner key rights. Be sure to include relevant cases.