Deck 8: Additional Constitutional Issues

Question 1

In __________, the Supreme Court held that the transfer of a prisoner from one prisoner to another did not require a due process hearing although a prisoner may suffer a "grievous loss."

A) Meachum v. Fano
B) Montayne v. Haymes
C) Olim v. Wakinekona
D) Vitek v. Jones

Answer 1

Meachum v. Fano

Question 2

All of the following are examples of some degree of due process that have been implemented by lower courts EXCEPT:

A) Illiterate or disadvantaged prisoners were allowed legal assistance
B) A specific number of classification officers should be employed
C) Classification on the basis of sex and age is discriminatory
D) When special offender classification is contemplated, a 10 days' notice in writing is required

Answer 2

Classification on the basis of sex and age is discriminatory

Question 3

The Court ruled in __________ that the involuntary transfer of a convicted felon from a state prison to a mental hospital violates a liberty interest protected by the Due Process Clause.

A) Meachum v. Fano
B) Montayne v. Haymes
C) Olim v. Wakinekona
D) Vitek v. Jones

Answer 3

Vitek v. Jones

Question 4

Which of the following cases is the companion case to Meachum v. Fano?

A) Meachum v. Fano
B) Montayne v. Haymes
C) Olim v. Wakinekona
D) Vitek v. Jones

Question 5

In __________, the Supreme Court established that a state prisoner has no justifiable expectation that they will not be transferred to another prison in a different state.

A) Meachum v. Fano
B) Montayne v. Haymes
C) Olim v. Wakinekona
D) Vitek v. Jones

Question 6

Under the Interstate Agreement on Detainers, how many days does a state have to try a prisoner, who is transferred for the purposes of a trail?

A) Two weeks after the prisoner's arrival
B) Within 120 days of the prisoner's arrival
C) Within 90 days of the prisoner's arrival
D) One month after the prisoner's arrival

Question 7

Which Supreme Court case upheld the Kansas' Sexually Violent Predator Act and stated the Act does not violate double jeopardy standards?

A) Kansas v. Hendricks
B) Kansas v. Crane
C) Brown v. Plata
D) Farmer v. Brennan

Question 8

In __________, the Supreme Court required California to reduce their prison population due to severe overcrowding and the deprivations that occur as a result.

A) Kansas v. Hendricks
B) Kansas v. Crane
C) Brown v. Plata
D) Farmer v. Brennan

Question 9

Which of the following factors is determined by the physical characteristics of the cell or jail, and the average length of stay of the prisoners?

A) Smoking
B) Exercise
C) Retaliation claims
D) Tax returns

Question 10

The Supreme Court held, "gratuitously allowing the beating or rape of one prisoner by another serves no 'legitimate penological objective'" in which case?

A) Kansas v. Hendricks
B) Kansas v. Crane
C) Brown v. Plata
D) Farmer v. Brennan

Question 11

According to the text, which of the following are sacrifices correctional staff must make for their job?

A) Haircut standards
B) Search and seizures upon entry into a prison
C) Use of armed trusties
D) All of the above

Question 12

The Supreme Court's stance on smoking is best explained by which of the following statements?

A) Relief can be granted for deliberate indifference exposure to ETS from a prison official
B) Subjective and objective elements are needed to prove exposure
C) Both a and b
D) None of the above

Question 13

A state violates the ex post facto clause if the state does any of the following EXCEPT:

A) Punish an act as crime that was not criminal when done
B) Removes a defense that was available
C) Increases punishment for a crime after it was committed
D) Must be prospective in nature

Question 14

Administrative classification committees are in charge of initial goals and adjustment to incarceration.

Question 15

Meachum v. Fano and Montayne v. Haymes both held that the Fourteenth Amendment's Due Process Clause does not require a hearing prior to a prisoner's transfer.

Question 16

Confinement in another state is within the normal limits or range of custody even if the conviction has not authorized the transferring.

Question 17

A detainer is a legal order that requires a state to hold a currently imprisoned individual when he has finished serving his sentence so that he may be tried by a different state for a different crime.

Question 18

In Vitek v. Jones, the Supreme Court addresses transfers from prison to mental hospitals.

Question 19

The Federal Extradition Act provides the procedures by which Article IV of the Constitution must be carried out.

Question 20

In Kansas v. Hendricks, the Supreme Court provided clarification on its ruling in Kansas v. Crane.

Question 21

Farmer v. Brennan can be applied to confinement conditions to reveal if Eighth Amendment violations have occurred.

Question 22

All states have banned smoking outside.

Question 23

The proper focus of an ex post facto inquiry is whether the relevant change alters the definition of criminal conduct or increases the penalty by which a crime is punishable.

Question 24

Prisoners have no such right to protection of property either at common law or by statute.

Question 25

The Prisoner Tax Fraud Prevention Act of 2008 prevents the disclosure of tax return information of prisoners to state officials, as well as the head of the Federal Bureau of Prisons.

Question 26

Discuss what does and does not constitute retaliation.

Question 27

Summarize the prevailing case law on transfers to mental hospitals.

Question 28

Discuss the differences between extradition within the United States, between states, and the extradition from one country to another.