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44 Matching questions

  1. What's the major vulnerability to " access to the courts"?
  2. Wolfe vs McDonnell
  3. Injunction
  4. Washington vs Harper
  5. Turner vs Safely
  6. When is deadly force not justifiable ?
  7. Security of the institution
  8. Damages
  9. Purpose of the union contract
  10. Substantive Due Process
  11. 3 factual claims that are most likely to appear in a suicide case
  12. Cruel and Unusual Punishment as defined by the Supreme Court
  13. 8th Amendment
  14. Reasonable Suspicion
  15. Hull case
  16. When is force justified?
  17. Why is the right to access the courts important?
  18. Habeas Corpus
  19. Hands on era
  20. Tort suit
  21. Main Basic inmate needs
  22. PLRA
  23. Establishment Clause
  24. 2 types of suits brought about due to a suicide
  25. Shabazz Case
  26. Substantial Burden
  27. Right to restrict religious practices
  28. Civil rights act
  29. Bounds vs Smith
  30. Strip Searches
  31. PREA
  32. ADA
  33. RLUIPA
  34. Courts primary function is to
  35. 4th Amendment
  36. Procedural Due Process
  37. 14th Amendment
  38. Hands off era
  39. True
  40. 3 types of lawsuits most commonly filed by inmates
  41. 1st Amendment
  42. Suicides
  43. Most excess of force litigations look at what?
  44. One hand on , one hand off era
  1. a Prison Litigation Reform Act - The most significant development in correctional law during the 1990's. Congress's attempt to make it more difficult for inmates to file civil suits in federal courts to limit the power of the federal court in ordering relief in inmates rights cases.
  2. b Was there a need for the force in the first place?
    If some force is appropriate, was the amount used appropriate?
    If force was not appropriate or amount used was excessive, was amount used so excessive to violate the constitution or state law?
  3. c Achieve and maintain a satisfactory and stabilized relationship to promote work performance
    To provide a equitable adjustment should problems
  4. d Government may make no law respecting the establishment of religion. Some types of government aid to religious organizations are permissible , but others are not.
  5. e A civil wrong when a violation arises of some duty that the defendant owes the plaintiff. Something that the plaintiff failed to do, seeks only damages, usually filed in state court.
  6. f Provides in part , security from unwarrantable search and seizures, in correctional setting , usually applies against strip searches and not needing warrants in institutions
  7. g Rights of access to the courts for inmates. The state and its officers may not abridge or impair a inmates right to federal court for away of habeas corpus
  8. h The most common concern that may justify restriction of a inmates constitutional rights
  9. i Greatly increased court involvement with the operations of correctional institutions
  10. j Adopted in 1868, a reconstruction amendment, addresses citizen rights , equal protection of the laws and proposed to issues of former slaves following the civil war. Includes many clauses such as citizenship clause, privileges or immunities clause, due process clause and equal protection clause. Could be basis for convicted inmates only, not pre trial detainees.
  11. k Primary lawsuits brought about, usually against correctional personnel . Usually referred to as section 1983, usually filed in federal court but can be filed in state court. To have a legit claim, the plaintiff must show the person caused a violation . States are not persons, and cannot be sued.
  12. l Time when the courts simply wouldn't respond to inmate claims
  13. m In prisons , strip searches are more approved following their exposure to obtain contraband during some type of movement, in jails automatic strip searches of persons arrested and booked in for minor offenses are deemed unreasonable and violate 4th amendment
  14. n Dealt with the impingement of the religious practices and the security of the facility
  15. o Does the Supreme Court show increased deference to the judgement of correctional officers and administrators?
    True or false
  16. p (1) Shocks the conscience of the court (2) Violates the evolving standards of decency of a civilized society (3) Punishment that is disproportionate to the offense (4) Involves the wanton and unnecessary infliction of pain
  17. q Substantial pressure on an adherent to modify his behavior and to violate his beliefs
  18. r Challenged no inmate to inmate mail, and no inmate marriages , basis for many first amendment cases, made it easier for institutions to restrict inmates rights
  19. s Tort and civil
  20. t Only way to justify it is to show other steps were taken to accommodate practices before restricting them. Due to facility security isn't justification to validate
  21. u Food, medical care, exercise, personal safety, clothing , shelter, sanitation
  22. v Without courts, there wouldn't be any way to enforce the laws of the constitution, and they would be futile without a governing body
  23. w In protection of property
  24. x Nominal, compensatory, and punitive
  25. y American with Disabilities Act , bill of rights for the disabled . Prohibits discrimination against the disabled .
  26. z How the courts go about making the decision to take away life , liberty and property such as in disciplinary hearings. The state is required to go through certain steps in making such decisions.
  27. aa Procedures put in place to in reference to due process of taking good time away from inmates due to disciplinary problems
  28. ab Failure to identify, failure to monitor, and failure to respond
  29. ac Era which began in the 80's and continues today, a reduction of court intervention, caused by a series of court decisions from the supreme court, embraced the idea that the inmates are protected by the constitution.
  30. ad Freedom of speech, free exercise of religion, respect the establishment of religion , freedom of press, right to assemble
  31. ae To determine if someone's rights have been violated. The court exists as a separate branch of government independent of the legislative and executive branches, due to its actions of judging government agencies and interpreting and evaluating laws
  32. af Petitioners claim of being held illegally in violation of some constitutional right.
  33. ag Civil rights action, habeas corpus, tort suits
  34. ah Focuses on the final decision, not just the steps getting there .
  35. ai Addresses bails, fines and punishments: Excessive bail shall not be required , nor excessive fines imposed, nor cruel and unusual punishment inflicted. May also refer to claims of excessive force and adequate medical care. Has no street application , these rights arise arise or are created by the fact of conviction. The source of the greatest court influence in corrections and likely to remain so for the indefinite future. Could be basis for suits for pre trial detainees only.
  36. aj Low level cause for a search, suspicion for searches must come from fact not hunches
  37. ak Religious Land Use and Institutionalized Persons Act, law that reflects the belief of congress that the Supreme Court interpretation of First Amendment , made it too easy to impose restrictions on inmates religious beliefs
  38. al About 50% of all inmate deaths in jails are suicides, as opposed to 10% in prisons . About 3x more suicides occur in jails then prisons.
  39. am Involuntarily medicating inmates
  40. an Order by the court to stop or start something.
  41. ao Also known as " Law Library Case" , state couldn't impose barriers between inmates and the courts and also said state has a affirmative duty to assist inmates
  42. ap Limited reading or language skills
  43. aq Prison Rape Elimination Act ,focused attention on prison tape , ( including sexual contact between staff and inmates) and to improve training to allegations of sexual misconduct , whether between inmates or between staff and inmates
  44. ar In self defense
    To protect others or property
    To enforce rules and discipline
    To prevent a crime, including escape