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44 True/False questions

  1. Procedural Due ProcessHow 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.

          

  2. 8th AmendmentAddresses 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.

          

  3. Civil rights actA 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.

          

  4. Most excess of force litigations look at what?Achieve and maintain a satisfactory and stabilized relationship to promote work performance
    To provide a equitable adjustment should problems

          

  5. Establishment ClauseDealt with the impingement of the religious practices and the security of the facility

          

  6. 4th AmendmentAddresses 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.

          

  7. Purpose of the union contractThe most common concern that may justify restriction of a inmates constitutional rights

          

  8. Habeas CorpusDealt with the impingement of the religious practices and the security of the facility

          

  9. Right to restrict religious practicesOnly 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

          

  10. Strip SearchesIn 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

          

  11. 3 factual claims that are most likely to appear in a suicide caseTort and civil

          

  12. Turner vs SafelyChallenged no inmate to inmate mail, and no inmate marriages , basis for many first amendment cases, made it easier for institutions to restrict inmates rights

          

  13. InjunctionOrder by the court to stop or start something.

          

  14. ADAPrison 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

          

  15. Hands on eraTime when the courts simply wouldn't respond to inmate claims

          

  16. Reasonable SuspicionLow level cause for a search, suspicion for searches must come from fact not hunches

          

  17. When is force justified?In self defense
    To protect others or property
    To enforce rules and discipline
    To prevent a crime, including escape

          

  18. Hull caseRights 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

          

  19. What's the major vulnerability to " access to the courts"?Limited reading or language skills

          

  20. Tort suitDoes the Supreme Court show increased deference to the judgement of correctional officers and administrators?
    True or false

          

  21. Wolfe vs McDonnellChallenged no inmate to inmate mail, and no inmate marriages , basis for many first amendment cases, made it easier for institutions to restrict inmates rights

          

  22. Security of the institutionThe most common concern that may justify restriction of a inmates constitutional rights

          

  23. 3 types of lawsuits most commonly filed by inmatesCivil rights action, habeas corpus, tort suits

          

  24. RLUIPAReligious 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

          

  25. Substantive Due ProcessSubstantial pressure on an adherent to modify his behavior and to violate his beliefs

          

  26. 1st AmendmentFreedom of speech, free exercise of religion, respect the establishment of religion , freedom of press, right to assemble

          

  27. Bounds vs SmithA 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.

          

  28. TrueDoes the Supreme Court show increased deference to the judgement of correctional officers and administrators?
    True or false

          

  29. Cruel and Unusual Punishment as defined by the Supreme Court(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

          

  30. 2 types of suits brought about due to a suicideTort and civil

          

  31. DamagesAmerican with Disabilities Act , bill of rights for the disabled . Prohibits discrimination against the disabled .

          

  32. 14th AmendmentProvides in part , security from unwarrantable search and seizures, in correctional setting , usually applies against strip searches and not needing warrants in institutions

          

  33. Shabazz CaseDealt with the impingement of the religious practices and the security of the facility

          

  34. When is deadly force not justifiable ?In self defense
    To protect others or property
    To enforce rules and discipline
    To prevent a crime, including escape

          

  35. Hands off eraGreatly increased court involvement with the operations of correctional institutions

          

  36. One hand on , one hand off eraEra 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.

          

  37. Main Basic inmate needsGreatly increased court involvement with the operations of correctional institutions

          

  38. Washington vs HarperChallenged no inmate to inmate mail, and no inmate marriages , basis for many first amendment cases, made it easier for institutions to restrict inmates rights

          

  39. PLRAPrison 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

          

  40. Courts primary function is toTo 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

          

  41. PREAPrison 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.

          

  42. Why is the right to access the courts important?In protection of property

          

  43. Substantial BurdenSubstantial pressure on an adherent to modify his behavior and to violate his beliefs

          

  44. SuicidesAbout 50% of all inmate deaths in jails are suicides, as opposed to 10% in prisons . About 3x more suicides occur in jails then prisons.