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  • What is the major vulnerability of an access-to-the-courts system, which is built around books and other written materials?

    1. The inmate with limited reading skills.
    2. The inmate with limited English-language skills.

    What is the most common institutional concern that may justify restriction of an inmate's constitutional rights?

    Security of the institution.

    Has the Turner Test made it easier or harder for an institution to justify restricting constitutional rights of inmates?

    The Turner Test has made it easier to justify restricting constitutional rights of inmates.

    The institution imposes a restriction on an inmate practicing his religion. The inmate sues, claiming 1st amendment were violated. Institution responds, saying restriction was imposed because of security needs. Based on this response, will the institution win the lawsuit? Why or Why not?

    The institution would lose the lawsuit, only because the statement is too vague. The institution must articulate in detail as to why the restriction is related to security.

    What is the most common justification for restricting inmates 1st amendment rights?

    Security of the Institution.

    Since the beginning of the 21st century, has the Supreme Court stepped back from it's long-held position that lower courts must give substantial deference to judgment calls of correctional administrators about such things as institutional safety and security?

    The Supreme Court has NOT stepped back. The court re-emphasized the importance of deference in 2003. Bazzetta v. Overton

    The Supreme Court has held that inmates have no expectation of privacy in regards to their cells. How then might a cell search trigger court intervention?

    If the cell was left in complete disarray after the cell search. The search was conducted in an unreasonable manner.

    What is necessary to justify visitor strip searches?

    Must be reasonable suspicion that the visitor is hiding contraband on their person.

    What is the most important thing for correctional officers to remember when performing inmate searches?

    1. Maintain high level of professionalism.
    2. Respect the dignity of the inmate.

    Who should make the decision on whether an inmate needs medical care?

    Correctional Medical Staff

    What are the general areas a court will focus on in a conditions-of-confinement suit?

    1. Personal Safety
    2. Medical Care
    3. Sanitation
    4. Food Service
    5. Shelter
    6. Clothing

    Name 2 types of legal actions that could be brought following a suicide.

    1. Civil Rights Action
    2. Tort Suit

    What are 3 factual claims most likely to appear in a suicide case?

    1. Failure to identify.
    2. Failure to monitor.
    3. Failure to respond.

    Give 2 examples of where an individual officers failures could provide the basis for a suicide lawsuit.

    1. Failure to complete suicide screening questionnaire during intake process.
    2. Failure to monitor an inmate according to policy.

    May deadly force be used to protect personal property?

    No. Deadly force cannot be used to protect personal property. Only self defense and protecting others from death or serious harm. In some cases preventing escape.

    Why are there more procedural rights in a parole-revocation hearing than in a prison or jail disciplinary hearing?

    Because Parole is seen as a form of conditional liberty. Basically, there is more at stake in a parole hearing versus a jail disciplinary hearing.

    Under what circumstances may a hearing officer rely on evidence from a witness whose identity is not disclosed to the inmate being charged with the offense?

    When the hearing officer is convinced the informant is reliable by a corrections officer that knows the identity of the informant.
    However, unless informant is an eyewitness, the information is suspect.

    Under what circumstances is an agency likely to refuse to defend an employee sued by an inmate?

    An agency is likely to refuse to defend an employee sued by an inmate when the employee acts outside the scope of his or her duties, and in bad faith.

    Is Sexual Harassment and Sexual Discrimination both against the law?

    Yes, both are against the law.

    If an inmate is represented by appointed counsel in a criminal case, why is this not necessarily sufficient access to the courts?

    Often court appointed counsel do not offer "meaningful access-to-the-courts. They are unable to provide advice or assistance outside of the criminal case. So once the inmate is sentenced they are no longer represented by that counsel.

    Why is crowding an important issue in condition of confinement suits?

    Crowding is important in conditions of confinement suits because crowding often results in a breakdown of a facilities ability to provide inmates with their basic human needs.

    Give 4 reasons why detailed use-of-force reports are important.

    1. Allows supervisors to evaluate the incident.
    2. Allows the court to evaluate the incident.
    3. Allows officers to review the details of the incident prior to testifying.
    4. May be able to be introduced into evidence at a trial.

    Name 4 types of Discovery.

    1. Depositions
    2. Interrogatories
    3. Motions to Produce
    4. Requests for Admissions

    List 5 sources of Officers Rights.

    1. Union Contracts
    2. Civil Service Laws
    3. Discrimination Laws
    4. Occupational Health and Safety Laws
    5. State and Federal Constitutional Law

    What is the major difference between the legal test imposed by the 1st amendment for evaluation of a restriction on an inmates ability to practice his or her religion and the legal test imposed by the Religious Land Use and Institutional Persons Act?

    The RLUIPA test is more difficult. It reduces the level of deference courts give correctional administrators. It increases power of the courts to second guess decisions by imposing the "least restrictive" alternative.

    In a constitutional excess force case, what 5 questions will a court ask?

    1. What was the need for force?
    2. What was the amount of force used?
    3. What injuries were sustained by the inmate?
    4. What was the threat perceived by the reasonable correctional officer?
    5. What efforts to temper the use of force did the officer make?

    What were the 3 periods or eras of court involvement with corrections?

    1. Hands-Off Era
    2. Hands-On Era
    3. One-Hand-On, One-Hand-Off Era

    List 2 factors that led to the courts first becoming involved with correctional issues.

    1. The Civil Rights Movement
    2. Poor correctional practices

    Is the Supreme Court requiring lower courts to show increased or decreased deference to the judgment of correctional officers and administrators?

    Increased deference to the judgment of correctional officers and administrators.

    Name 3 types of lawsuits most commonly filed by inmates.

    1. Civil Rights Actions
    2. Habeas Corpus Actions
    3. Tort Suits

    Can a state be sued in a Civil Rights Action?

    No. The suit must be against a "person" and the state is not a person.

    Give an example of when a supervisor could be held liable in a civil rights action, even if the supervisor did not take part directly in the actions that led to the suit.

    Failure-To-Supervise case.

    Why is the Right of Access to the courts and important part of Americas legal system?

    Without courts, rights would only belong to the strongest, and any freedoms guaranteed by laws would become futile if not enforced by a governing body.

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