Deck 12: Corrections Law and Inmate Litigation

Question 1

In 1980 a deadly riot broke out at the prison in:

A) Alderson, West Virginia
B) Atlanta, Georgia
C) El Reno, Oklahoma
D) Santa Fe, New Mexico

Answer 1

D

Question 2

All of the following have been identified as problems associated with inmate unrest (including riots) except:

A) over-staffing
B) restrictive state budgets
C) aging prison facilities
D) rising inmate populations

Answer 2

A

Question 3

Between 1980 and 2019 prison inmates in the United States filed about _______ lawsuits.

A) 56,000
B) 270,000
C) 950,000
D) 2 million

Answer 3

C

Question 4

Which 1871 case ruled that inmates were slaves of the state and, thus, had no rights?

A) Ruffin v. Commonwealth
B) Powell v. Alabama
C) Escobedo v. Illinois
D) Gideon v. Wainwright

Question 5

Which of the following U.S. Supreme Court cases challenged restrictions on the free practice of religion by Nation of Islam (Black Muslim) inmates?

A) Betts v. Brady
B) Cooper v. Pate
C) Argersinger v. Hamlin
D) U.S. v. Miller

Question 6

The U.S. Supreme Court case of ________ argued that overcrowded prison conditions were unconstitutional.

A) Cooper v. Pate
B) Monroe v. Pape
C) Eddings v. Oklahoma
D) Bell v. Wolfish

Question 7

Which of the following methods of appeal allege that the offender's trial was somehow deficient and, thus, the conviction was unreasonable?

A) Section 1983
B) writ of mandamus
C) writ of habeas corpus
D) writ of replevin

Question 8

Violations of inmates' civil rights are addressed in federal law based on what are called ______ suits.

A) Juvenile Justice and Delinquency Prevention
B) habeas corpus
C) Article III
D) Section 1983

Question 9

In 1980 Congress passed the Civil Rights of Institutionalized Persons Act. One intent of this law was to:

A) eliminate the federal death penalty
B) reduce the number of Section 1983 suits
C) reduce prison populations
D) make it easier for inmates to receive medical care

Question 10

Which 1969 U.S. Supreme Court case overturned a Tennessee prison regulation that prohibited one inmate from helping another in filing lawsuits?

A) Cooper v. Pate
B) Johnson v. Avery
C) Fay v. Noia
D) Townsend v. Sain

Question 11

What do we call inmates who help other inmates file lawsuits?

A) jailhouse lawyers
B) paralegals
C) wannabe attorneys
D) a menace

Question 12

One of the most visible groups advocating for inmates and their families is the:

A) American Medical Association
B) American Trial Lawyers Association
C) American Civil Liberties Union
D) Mothers Against Drunk Drivers

Question 13

Which 1967 U.S. Supreme Court case addressed the due process rights of probationers?

A) Mempa v. Rhay
B) Morrissey v. Brewer
C) Powell v. Alabama
D) Fay v. Noia

Question 14

In 1976 the U.S. Supreme Court ruled that health care for prisoners was a right and not a privilege in the case of:

A) Gregg v. Georgia
B) Morrissey v. Brewer
C) Powell v. Alabama
D) Estelle v. Gamble

Question 15

Which 2002 U.S. Supreme Court case ruled that it was unconstitutional to execute people suffering from developmental disabilities?

A) Johnson v. Avery
B) Ruffin v. Commonwealth
C) Atkins v. Virginia
D) Mempa v. Rhay

Question 16

Between 1970 and 1972 there were 112 prison riots in the United States.

Question 17

In terms of prison inmate litigation, the period between 1964 and 1978 is called the "hands off" period.

Question 18

Writs of habeas corpus challenge prison conditions of confinement such as overcrowding.

Question 19

Litigation by prison inmates has increased substantially since the 1980s.

Question 20

In 2013 prisoners were successful in the grievances they filed 50% of the time.

Question 21

The Innocence Project has helped in the exoneration and release of 365 prisoners.

Question 22

Probationers and parolees do not have due process rights in revocation hearings.

Question 23

The U.S. Supreme Court has ruled that inmate health care is a right not a privilege.

Question 24

Risk assessment instruments help remove some of the bias in the decision making processes of corrections officials.

Question 25

The U.S. Supreme Court has ruled that the death penalty is no longer constitutional for individuals who committed crimes before their 18^th birthdays.

Question 26

The period between 1871 and 1963 has been called the "hands off" period relative to prisoner litigation. What do we mean by "hands off" and what were the courts' justifications for this approach?

Question 27

Some people have called habeas corpus suits by inmates "turn 'em loose" suits. What is meant by that term? What has been the trend in habeas corpus filings since 1980?

Question 28

Compare and contrast habeas corpus suits by inmates with civil rights suits.

Question 29

As a result of changes in federal laws has it become easier or harder for inmates to file lawsuits? Explain.

Question 30

Why would prisons want to prevent one inmate from helping another to file lawsuits? What problems might be presented by the presence of so-called "jailhouse lawyers?"