chapter 13

Question 1

rule of law, what does it contain

Answer 1

the idea that every memeber of society even the important ones are subject to the law(presidents).

1. a nation needs to know that there is values and principles that are supreme
2. values and principles must be committed to writing
3. a system of procedures to hold the government to these principles and values (problematic

Question 2

due process of law is?

is woned to all people whenever they are threatened with the loss of life, liberty, or property

Answer 2

a set of instructions informing agents of the state how they must proceed in their investigation, arrest, questioning.

Question 3

who is in charged with monitoring the behavior of agents of the state with respect to the due process

to see if their corrupt, lax.

Answer 3

judiciary

Question 4

what are the three historical periods?

Answer 4

1. hands off(most of american history the attitude has been towards this one)
2. prisoners rights
3. deference periods

Question 5

hands off doctrine

Answer 5

the judicial interference with the management and administration of prisons, of only the legal and civil death upon conviction.

Question 6

civil death statutes

came from the 13th amenment that bolish slavery except as punishment(lease prisoners to local bussiness for profit and to use them as unpaid labor t maintain the financial prisons

Answer 6

those who were convicted of crime lost all citizenships rights: righ to vote, hold public office, marry.

Question 7

pervear v massachusetts

Answer 7

the first case to show the lack of concern for prisoners rights in the hands off doctrine, the prisoner said that what he was getting was a violation to his eith amendment, the supreme ocurt said tha the didnt have that right.

Question 8

walsh & hemmens

Answer 8

due process is not only to be respected by the federal government but also to the state gov

Question 9

what did the convict as slave approach lead to?

Answer 9

it slowly gave to the idea that convicted felond did have constitutional rights but it was up to the executive and legislative branch to honor them.

Question 10

what was the first case to lead after the end of the hands off doctrine?and what was it about

Answer 10

ex part(only one party appears in court) hull, they gave hull the right to challenge the legality of their confinement

Question 11

Research on the deterrent effect of the death penalty indicates that the ______.

Answer 11

research is not infomrative enough to draw a conclusion

Question 12

habeas corpus

great writ

Answer 12

you have the body. the person needs to appear in court to determine the legality of their detention.

Question 13

prohibition of bills of attainder

Answer 13

imposing punishment without trial

Question 14

prohibition of ex post facto laws

Answer 14

legislation making some acts criminal after the fact

Question 15

two cases that ended the hands off period

Answer 15

• jones v cunningham
• cooper v pate(State inmates may sue state officials in federal courts regarding their confinement and the conditions of it, a mechanism that is known as ______.(section 1983)

Question 16

civil rights claim?

Answer 16

someone has been deprived of some legally granted right

Question 17

deference period

Answer 17

partial return to the hands off period. the offenders have taken rights to balance the rights of offenders with the needs of correctional authorities safetty(bell v wolfish)

Question 18

first amenment

it cant extend to anything that jeopardizes prison safety or security(cannot extend to demanding alcohol or exotic foods)

Answer 18

guarantees freedom of religion, speech, press, and assembly.

Question 19

turner v safley

balancing test

Answer 19

the courts must balance the rights of inmates against the interests of security and order

Question 19

the fourth amendment, whats a common issue with searches in jail

inmates have no fourth amednment prison cells are not homes

Answer 19

unreasonable searches and seizures, the involving of opposite sex searches.

Question 20

eighth amendment

the amenment is denied when the offiacial do something to the inmates they fail to do as well as their duty

Answer 20

excessive bail shall not be required, nor cruel and unsual punishment

Question 21

cooper v pate

Answer 21

Which case dealt with a First Amendment issue in which a prisoner who was a Black Muslim alleged that he was denied religious publications based on his religion?

Question 21

what does deliberate indifference mean in the eight amendment?

wilson v seiter

indifferent standard

Answer 21

when prison officials know but disregard and obvious risk to an inmates health.

inmates are the only group of people in the USA with constitutional right to medical caree

Question 22

Which Court case ruled that prisoners did not have the protections of the Eighth Amendment?

Answer 22

pervear v massachusetts

Question 22

14th amenment

due process clause

Answer 22

all persons born or naturalized in the usa are citizens. no state or federal should deprive any person of life, liberty, or property without due process.

Question 23

wolf v mcdonnel

Answer 23

although inmates have many laws deprived there some that are still entitled to
* to receive written notice of infraction
* to be given suffient time to prepare a defense
* to have time to produce evidence and witnesses on their behalf
* to have counsel
*

Question 24

which two congressional acts were signed into law 1996, why were they signed

Answer 24

1. prison litigation reform act
2. antiterrorism and effective death penalty act

reduce the thoudands of lawsuits filed by inmates

havse severely prisoner acess to the courts

Question 25

intention of the PLRA(EXHAUST ALL OTHER OPTIONS)

The ____ Act states that inmates who claim they cannot afford the filing fee for a lawsuit still need to pay a partial fee.

Answer 25

to free prisons and jails from fedderal court supervision and to limit prisoners acess to the federal courts

Question 26

jones v bock

Answer 26

the plra does not require civil suits to show they have exhausted all remedies

Question 27

what does the AEDPA do?

Answer 27

it does not eliminate inmates rights to habeas corpus but it does restrict it.. it does this by limiting petitions and judicial review of evidence.

Question 28

furman v georgia

challenged the penalty itself(death penalty)

Answer 28

The Court argued that because the death penalty is so infrequently imposed, it serves no useful purpose, and that when it is imposed, judges and juries have unbridled discretion in making life-and-death decisions. F

Question 29

how did states deal with the death penalty

Answer 29

1. some states changed their hearing to 2 step, the hearing to determine guilty and second to impose the sentence after hearing circumstance
2. other eliminated discretion and made it mandatory for some murders.

Question 30

does death penalty deter?

Answer 30

no because the brutalizing effect it increases crime rate, because it seems acceptable to kill people who have offended us

Question 31

in which case did the Supreme Court rule that the death penalty for rape was unconstitutional?

Answer 31

coker v georgia

Question 32

Research indicates that it is more expensive to incarcerate someone for life than it is to execute someone.

its very expensive to give the death penalty

Answer 32

false

Question 33

mental disability

Answer 33

is a lifelong condition of impaired or incomplete intellectual development.

Question 34

who is more likely to receive the death penalty white people who kill or balck people

Answer 34

ndividuals who kill White people are more likely to receive the death penalty than those who kill Black people

Question 35

Black people represent ______ of current U.S. death row inmates. how about females

percent for females

Answer 35

vast majority, only about 2% of people executed in the usa are females

Question 36

what are the three primary legal issues regarding insanity

Answer 36

• is the defendant competent to stand trial

Question 37

What organization provides scientific and legal expertise for cases in which wrongful convictions may have occurred?

Answer 37

the innocence project

Question 38

DNA can work for both opponents and proponents of the death penalty.

Answer 38

innocent, guilty

Question 39

In Woodson v. North Carolina, which dealt with a case of the death of a convenience store cashier, the Supreme Court ruled that ______.

Answer 39

mandatory death sentences were unconstitutional

Question 40

which one is more expensive? death rows or life without parole

Answer 40

death row

about 170 million per year