A writ of habeas corpus requests an examination of the legality of____________.
a. conditions
b. confinement
c. length of sentence
d. sentence
b. confinement
Money or other compensation is awarded to a plaintiff in a civil action when the person sued has:
a. ministerial liability.
b. personal liability.
c. civil liability.
d. strict liability.
c. civil liability.
The Military Commissions Act (MCA) __________ the ability of "unlawful enemy combatants" to file a writ of habeas corpus.
a. permits
b. fosters
c. enhances
d. eliminates
d. eliminates
Which of the following has not been legally recognized by the Supreme Court as justifying abridgements of an inmate's constitutional rights?
a. The maintenance of stable prison populations
b. The maintenance of institutional order
c. The maintenance of in
d. The rehabilitation of inmates
In instances when parole supervision is being revoked, offenders possess various _________rights.
a. habeas corpus
b. privacy
c. due process
d. administrative
c. due process
Which court decision held that the basic elements of procedural due process must be present when decisions are made concerning the disciplining of an inmate?
a. Wolff v. McDonnell
b. Holt v. Sarver
c. Estelle v. Gamble
d. Pugh v. Locke
a. Wolff v. McDonnell
Prior to the 1960s courts maintained a/an __________ with respect to corrections.
a. invasive policy
b. administrative policy
c. hands-off policy
d. inquisitive policy
c. hands-off policy
The circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eighth Amendment, are known as:
a. a rational basis test.
b. totality of the conditions.
c. totality of the circumstances.
d. leas
b. totality of the conditions.
For most of United States history, the Bill of Rights was interpreted as protecting individuals from acts of the:
a. federal government.
b. unlawful masses.
c. state legislatures.
d. the President.
a. federal government.
According to Clear, Cole, and Reisig, the overall results of the turbulent inmate rights period:
a. were positive.
b. were negative.
c. were problematic.
d. were useless.
a. were positive.
The Fourteenth Amendment was ratified in:
a. 1960.
b. 1868.
c. 1789.
d. 1810.
b. 1868.
Which of the following correctional changes can be attributed to the prisoners' rights movement?
a. improvement in institutional living conditions and administrative practices of many prisons
b. review by correctional officials of many of their procedures
c. both of these
The Anti-Terrorism Act imposes __________ limit to file a federal habeas petition.
a. a five-year
b. a one-year
c. a two-year
d. no
b. a one-year
The legislature, president, or governor has the ability to give an agency the power in the areas of health, safety and the environment to implement which of the following:
a. statutes.
b. case laws.
c. regulations.
d. precedent.
c. regulations.
Which case allowed inmates to sue state officials for brutality, inadequate medical care and nutrition, theft of personal property and the denial of basic rights:
a. Cooper v. Pate
b. Terry v. Ohio
c. Carroll v US
d. Gregg v GA
a. Cooper v. Pate
In Boumediene v. Bush, the Court ruled that the detainees at Guantanamo Bay are entitled to:
a. a lawyer.
b. challenge the conditions of their confinement.
c. one hour of exercise a day.
d. file writs of habeas corpus.
d. file writs of habeas corpus.
The first case recognized by the Supreme Court which recognized prisoners' rights involved the case of:
a. brutality and physical conditions.
b. challenges to convictions.
c. due process.
d. medical treatment.
a. brutality and physical conditions.
With the exception of those working for corporate and nonprofit organizations, correctional personnel are:
a. executive personnel.
b. private contractors.
c. public employees.
d. management.
c. public employees.
During the early 1960s, the U.S. Supreme Court decided to require state governments to _________most of the rights listed in the Bill of Rights:
a. respect.
b. reject.
c. regulate.
d. reconstruct.
a. respect.
The courts have upheld the right of female corrections officers to:
a. pat down only female prisoners.
b. pat down only male prisoners.
c. pat down male prisoners when a male officer is also present.
d. pat down both male and female prisoners.
d. pat down both male and female prisoners.
Some lower courts have upheld rules in conflict with the ______ Amendment protections because they were the least restrictive method of dealing with an institutional problem.
a. First
b. Fourth
c. Eighth
d. Fourteenth
a. First
According to the Supreme Court, the term "totality of conditions" may be legally interpreted as:
a. cruel and unusual punishment.
b. unfair
c. unreasonable.
d. irrational.
a. cruel and unusual punishment.
The right to be free from cruel and unusual punishment is found in which Amendment?
a. First
b. Fourth
c. Eighth
d. Fourteenth
c. Eighth
One of the ways a corrections staff member can insulate themselves against civil lawsuits is to:
a. keep good records.
b. get a mentor.
c. follow institutional procedures.
d. all of these.
d. all of these.
During the last 25 years the Supreme Court has been __________ prisoners' rights.
a. less supportive of
b. more supportive of
c. detached from
d. less indifferent
a. less supportive of
Since the inception of The Prison Litigation Reform Act, it has become more difficult for prisoners to file civil rights law suits.
True
The right of habeas corpus for alleged terrorist detainees has been an important issue since 9/11.
True
States have their own constitutions.
True
Experience has shown that successful lawsuits filed under Section 1983 have had a major impact for the grieving prisoner
False
Constitutions tend to be very clear
False
Like inmates in correctional facilities, convicted offenders in the community also have rights
True
Prisoners have always had constitutional rights
False
In Rhodes v. Chapman, the court required inmates to prove Eight Amendment violations through showing the punishment was unnecessary
True
The case of Wolff v. McDonnell showed that the court was extending the due process rights for prisoners in certain aspects.
True
Parolees have the right to be notified of the charges against them
True
Laws passed by legislatures at all levels of government are known as __________.
statutes
The ______amendment focuses on the right to religious freedom.
First
Legal rules, usually set by an agency of the executive branch, designed to implement in detail policies of that agency are ___________.
regulations
___________ refers to legal rules produced by judges' decisions.
Case law
Legal rules created in judges' decisions that serve to guide decisions in similar cases are called _____________.
precedent
The ______ amendment focuses on the protection of privacy within the scope of search and seizure.
Fourt
The constitutional guarantee that no agent or instrumentality of government will use anything to arrest, prosecute, try, or punish any person other than that prescribed by law is procedural __________.
due process
___________ is intervention in a dispute by a third party where those in conflict submit their differences for resolution and the decision (in the correctional setting) is binding on both parties.
Mediation
A public official who investigates complaints against government officials and recommends corrective measures is a(n) ____________.
ombudsman
The first recognized U.S. Supreme Court case recognizing the termination of the hands-off policy was the case of ______________.
Cooper v. Pate
Constitutions
Lists individual rights
statute
laws created by legislatures
case law
rules created by judges
precedent
rules other judges follow with similar cases
regulations
legal rules regarding agency policies
hands off policy
noninterference policy
civil liability
responsible for compensation of a plaintiff
habeus corpus
judicial order
mediation
intervention towards an agreed resolution
ombudsman
investigates public officials