Deck 8: Prisoners Rights

Question 1

Inmates are entitled to due process of the law, even in lock up, is an example of which view regarding prisoners' rights?

A) legalistic/due process view.
B) crime control view.
C) humanistic view.
D) retributive view

Answer 1

A

Question 2

The principle source of prisoners' rights is based on:

A) the U.S. Constitution.
B) individual state laws.
C) individual state departments of correction.
D) legal precedents.

Answer 2

A

Question 3

The view that the fewer rights inmates have, the greater is the deterrent effect of punishment is:

A) the legalistic/due process view.
B) the crime control view.
C) the humanistic view.
D) the restorative view

Answer 3

B

Question 4

The view that suggests that if inmates are given the same rights and privileges as any citizen, their anger and resentment toward society will diminish, thereby aiding the rehabilitation process, is:

A) the legalistic/due process view.
B) the crime control view.
C) the humanistic view.
D) the retributive view.

Question 5

The amendment that guarantees a defendant the right to a speedy and public trial by an impartial trial is:

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) the Eighth Amendment.

Question 6

Freedom of religion is a fundamental right guaranteed by the:

A) First Amendment.
B) Fourth Amendment.
C) Eighth Amendment.
D) Fourteenth Amendment.

Question 7

For most of our history, prisoners have been considered slaves of state corrections that is prisoners lose all of their rights when sentenced to prison. The Supreme Court rendered this decision in which infamous case?

A) Wolff v. McDonnell
B) Miranda v. Arizona
C) Plessey v. Ferguson
D) Ruffin v. Commonwealth of Virginia

Question 8

The body of the Constitution, especially its first 10 amendments is the main source of which type of law?

A) procedural law.
B) limited law.
C) criminal law.
D) judicial law.

Question 9

The amendment that bars excessive bail or excessive fines imposed, as well as cruel and unusual punishment, is:

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) the Eighth Amendment.

Question 10

The Fourteenth Amendment:

A) affirms that no state may deprive any person of life, liberty, or property without due process of law.
B) limits the admissibility of confessions that have been obtained unfairly
C) protects from illegal search and seizures
D) protects from cruel and unusual punishment

Question 11

Habeas corpus has been called:

A) the great writ of freedom.
B) the great writ of justice.
C) the great writ of liberty.
D) the great writ of procedure.

Question 12

The Supreme Court ruled in the Procurier v. Martinez that censorship of prison mail was a violation of:

A) the First Amendment.
B) the Sixth Amendment.
C) the Fourteenth Amendment.
D) both a and c.

Question 13

Rights that have been guaranteed and protected by the government are known as:

A) statutory laws.
B) individual rights.
C) civil rights.
D) procedural laws.

Question 14

The Fourth Amendment:

A) prohibits obtaining confessions unfairly.
B) guarantees a defendant a speedy and public trial.
C) bars excessive fines or bail.
D) bars illegal searches and seizures.

Question 15

The justification of the courts for their neglect of hearing cases regarding prison conditions prior to the 1960s is commonly referred to as:

A) the authoritative doctrine.
B) the hands-off doctrine.
C) the compliance doctrine.
D) the judicial doctrine.

Question 16

The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws is known as:

A) court laws.
B) case law.
C) judicial law.
D) none of these.

Question 17

A claim by an individual or group of individuals that the state has a duty to fulfill is known as a(an):

A) amendment.
B) case.
C) law.
D) right.

Question 18

The amendment that limits admissibility of confessions that have been obtained unfairly is:

A) the Fourth Amendment.
B) the Fifth Amendment.
C) the Sixth Amendment.
D) the Eighth Amendment.

Question 19

Views on inmates' rights include which of the following?

A) the legalistic/due process view.
B) the crime control view.
C) the humanistic view.
D) all of these.

Question 20

When a precedent establishes an important principle, it is known as a(an):

A) critical decision.
B) federal decision.
C) landmark decision.
D) substantive decision.

Question 21

The act that limits the ability of inmates to complain about the conditions of confinement and to allege violations of their constitutional rights is known as the:

A) Prison Litigation Reform Act.
B) Prisoner Rights Act.
C) Inmate Act.
D) Offender Conditions Act.

Question 22

Each state legislature enacts laws that govern the acts of the state and the individuals within that jurisdiction.

Question 23

A formalized arrangement in which inmates can register their complaints about the conditions of their confinement is known as a:

A) grievance process.
B) liability process
C) complaint process.
D) objection process

Question 24

Civil rights are guaranteed and protected by the government.

Question 25

The U.S. Constitution tends to be written in more specific terms than are statutes.

Question 26

Solitary confinement or administrative segregation is necessary to accomplish which of the following?

A) protect the inmate.
B) protect other prisoners and staff.
C) prevent escapes.
D) all of these.

Question 27

Which Supreme Court ruling states that as long as force is used in a good faith effort to maintain control, there is no liability?

A) Estelle v. Gamble
B) Madrid v. Gomez
C) Hudson v. McMillian
D) Newman v. Alabama

Question 28

Inmates placed in solitary confinement or administrative segregation have the right to all of the following, except :

A) personal hygiene.
B) exercise.
C) mattresses.
D) visitation.

Question 29

Which Supreme Court case determined that unannounced cell searches were necessary for the security and order of a jail/prison?

A) Bell v. Wolfish
B) Hudson v. Palmer
C) Moore v. People
D) Whitley v. Albers

Question 30

The First Amendment protects:

A) against self-incrimination.
B) freedom of religion and speech.
C) the right to privacy.
D) against illegal search and seizures.

Question 31

The Latin expression meaning "you have the body," is habeas corpus .

Question 32

The Supreme Court has ruled that the right to practice religion:

A) ends when a person is incarcerated.
B) is not a civil right.
C) is not a necessity.
D) does not end at a prison gate.

Question 33

The humanistic view on inmate rights is that prisons are places of punishment, but they should not be punishing.

Question 34

A name given to inmates who develop an expertise in criminal law and help other inmates prepare their legal cases are known as:

A) correctional attorneys.
B) convict attorneys.
C) jailhouse lawyers.
D) inmate lawyers.

Question 35

The Supreme Court ruled in  _________________ that uncomfortable conditions are not unconstitutional but are part of the penalty that inmates pay for committing crimes.

A) Wilson v. Seiter
B) Bell v. Fuertado
C) Huff v. South Carolina
D) Brady v. Arizona

Question 36

A person who protects citizens against governmental abuses is known as a:

A) corrections counselor.
B) jailhouse lawyer.
C) corrections ombudsman.
D) tier sergeant.

Question 37

A right such as the right to life, liberty, or property that is held to exist for its own sake and to constitute part of the legal order of society is known as:

A) a religious right.
B) a guaranteed right.
C) substantive right.
D) societal right.

Question 38

Deadly force is permissible to prevent:

A) the commission of a felony.
B) refusal of a direct order.
C) verbal threats.
D) all of these choices.

Question 39

Searches conducted by prison officials:

A) are prohibited by law.
B) are not unreasonable as long as they are not for the purpose of harassing or humiliating the inmate.
C) are conducted in prisons, but are prohibited by law.
D) none of these.

Question 40

Prisoners have sued to establish rights to:

A) physical security and the minimum conditions to sustain life.
B) receive their constitutionally guaranteed safeguards.
C) challenge the legality of their convictions through the courts and to receive reasonable standards and procedural protections.
D) all of these choices.

Question 41

Punishment that involves torture or the infliction of unnecessary and wanton pain is called ____________________.

Question 42

The Supreme Court has mandated that all inmates receive proper medical care.

Question 43

Freedom of religion is a fundamental right guaranteed by the 4^th Amendment.

Question 44

A _____________________________ is a precedent that establishes an important principle or represents a change or new law.

Question 45

Searches conducted by prison officials are not unreasonable as long as they are not for the purpose of harassing or humiliating the inmate in a cruel and unusual manner.

Question 46

The Fourth Amendment bars excessive fines and cruel and unusual punishment.

Question 47

Jailhouse lawyers cannot be interfered with or harassed by prison administrators for helping other inmates by drawing up and filing complaints.

Question 48

The _______________ view believes that convicted felons have no rights other than those conferred on them by law.

Question 49

The name given to the first 10 amendments to the U.S. Constitution is the ____________________.

Question 50

A ____________________right is a right such as life, liberty, or property that is held to exist for its own sake and to constitute part of the legal order of society.

Question 51

The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws is called __________________.

Question 52

A name given to inmates who develop an expertise in criminal law and help other inmates in preparing their cases is a ____________________.

Question 53

The body of the constitution and its first 10 amendments are the main sources of the ______________________ law.

Question 54

The _________________________ doctrine gave correctional administrators freedom from excessive lower court interference.

Question 55

Prisoners have a right to assemble without restriction.

Question 56

The courts have ruled that ____________________ is permissible to prevent the commission of a felony or the infliction of severe bodily harm.

Question 57

Prisoners have made the greatest gains in the right to send and receive letters and the right to communicate with lawyers and the courts.

Question 58

Currently, only federal prisons use the position of ombudsman, while states have found no correlation between the position and inmate grievance success.

Question 59

The Fourth Amendment bars illegal ____________________.

Question 60

The Prison Litigation Reform Act has made it easier for prisoners to allege violations of their constitutional rights.

Question 61

The ______________Amendment states that no state shall deprive any person of life, liberty, or property, without due process of the law.

Question 62

A person who protects citizens against governmental abuses in a correctional setting is referred to as a ____________________.

Question 63

Discuss two critical issues involving physical abuse that occurs inside prison walls.

Question 64

In the case of ____________________, the Supreme Court ruled that racial segregation of prison inmates is an inappropriate form of racial classification.

Question 65

Discuss the significance of the Prison Litigation Reform Act.

Question 66

Discuss how the courts have ruled regarding an inmate's right to freedom of speech in a correctional institution.

Question 67

Discuss the different sources of prisoners' rights.

Question 68

Discuss the legal services available to inmates.

Question 69

Explain the three main views on inmates' rights that are presented by the authors.

Question 70

Discuss the use of deadly force in correctional settings and when it can be used.

Question 71

When can a correctional institution segregate inmates?

Question 72

In the Supreme Court Case of ________________, it was ruled that inmates are allowed to practice their own religion as long as it does not undermine the safety of the institution.

Question 73

Explain what is meant by the hands-off doctrine regarding corrections in America.