chap 5

Question 1

Four foundations of correctional law

Answer 1

Constitutions
Statutes
Case law
Regulations

Question 2

Constitution

Answer 2

fundamental law contained in a state or federal document that provides a design of government and lists basic rights for individuals.

Question 3

Statute

Answer 3

laws passed by a legislature
Statutes are written in more specific terms than constitutions.

Question 4

Case law

Answer 4

are legal rules produced by judges’ decisions.

Question 5

Precedents

Answer 5

an act or decision that serves as a guide for future situations with similar circumstances.

Question 6

t/f Regulations are legal rules set by agency of executive branch

Answer 6

true regulations are legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency.

Question 7

Hands-off policy

Answer 7

doctrine states gov’t has no position/reason to interfere with prison operations

Ruffin v. Commonwealth (1871)

Question 8

Civil liability

Answer 8

a legal obligation that requires a party to pay for damages
or to follow other court-enforcements in a lawsuit.

Cooper v. Pate (1964)

Question 9

Habeas corpus is what

Answer 9

a judicial order requiring arrested person to be brought before a judge
justify sentencing

Question 10

t/f Prisoner-inspired litigation skyrocketed after Cooper v. Pate

Answer 10

true

Question 11

The first successful prisoners’ rights cases involved…

Answer 11

brutality and inhuman conditions.

Question 12

Least restrictive methods

Answer 12

means of ensuring legitimate state interests (such as security) that impose fewer limits to prisoners’ rights than do alternative means of securing that end.

Question 13

an interest of the state that must take precedence over rights guaranteed by the First Amendment.

Answer 13

Compelling state interest

Question 14

Clear and present danger

Answer 14

threat to security or to the safety of individuals that is so obvious and compelling that the need to counter it overrides the guarantees of the First Amendment.

Turner v. Safely (1987)

Question 15

t/f rational basis test requires regulations to provide a reasonable, rational method of advancing a legitimate institutional goal.

Answer 15

true. Rational basis tests require that a regulation provide a reasonable, rational method of advancing a legitimate institutional goal.

Question 16

First Amendment gives freedom of..

Answer 16

Speech and religion

Question 17

Fourth Amendment is designed to…

Answer 17

protect areas of privacy from government instruction, such as searches.

Question 18

Totality of conditions

Answer 18

The circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eighth Amendment

Pugh v. Locke (1976)

Question 19

Procedural due process

Answer 19

procedures the government must follow before it deprives a person of life, liberty, or property.
Procedural Due Process comes down to fundamental fairness.

Question 20

Equal protection

Answer 20

the law will be applied equally to all people, without regard for such individual characteristics as gender, race, and religion.

Question 21

Ombudsman

Answer 21

public official who investigates complaints against government officials and recommends corrective measures.

Question 22

Mediation

Answer 22

the attempt to settle a legal dispute through active participation of a third party (mediator)

Question 23

t/f Those under community supervision enjoy the same constitutional rights as ordinary citizens.

Answer 23

false, Those under community supervision do not enjoy the same constitutional rights as ordinary citizens.

Question 24

t/f When people on probation or parole do not obey their conditions of release, they may be sent to prison.

Answer 24

true, breaking conditions of parole may result in going back to prison

Question 25

litigation

Answer 25

taking legal action

Question 26

common problems faced by prison residents

Answer 26

lacking legal representation
difficult standards
changes may take a long time

Question 27

alternatives to litigation

Answer 27

Grievance procedures
Use of an ombudsman
Mediation
Legal assistance

Question 28

t/f in the past 30 years the Supreme Court has been less supportive of the expansion of prisoners’ rights.

Answer 28

true. supreme court has been less supportive of the expansion of prisoners’ rights.

Question 29

t/f. Section 1983 is the least commonly used legal action to challenge prison and jail conditions

Answer 29

false. section 1983 is the most commonly used legal action

Question 30

reasons for justifying restrictions on imprisoned individuals’ constitutional rights:

Answer 30

Maintenance of institutional order and security
Rehabilitation of convicted individuals