Constitution
Fundamental law contained in a state or federal document that provides a design of government and lists basic rights for individuals?
Statute
Law created by the people's elected representatives in legislatures?
Case law
Legal rules produced by judges' decision?
Precedent
Legal rules created in judges' decisions that serve to guide the decisions of other judges in subsequent similar cases?
Regulations
Legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency?
Hands-off policy
A judicial policy of noninterference concerning the internal administration of prisons?
Habeas corpus
A writ (judicial order) asking a person holding another person to produce the prisoner and to give reasons to justify continued confinement?
Least Restrictive Methods
Means of ensuring a legitimate state interest that impose fewer limits to prisoners' rights than do alternative means of securing that end?
Compelling state interest
An interest of the state that must take place precedence over rights guaranteed by the First Amendment?
Clear and Present Danger
Any 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?
Rational basis test
Requires that a regulation provide a reasonable, rational method of advancing a legitimate institutional goal?
Procunier v. Martinez
Censoring of mail is permitted only to the extent necessary to maintain prison security (case)?
Cruz v. Beto
Prisoners who adhere to other than conventional beliefs may not be denied the opportunity to practice their religion?
4th
Which amendment prohibits unreasonable searches and seizures?
Totality of conditions
The aggregate of circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eight Amendment?
Estelle v. Gamble
Deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain, and thus violates the Eight Amendment?
Procedural due process
The constitutional guarantee that no agent or instrumentality of government will use any procedures other than those prescribed by law to arrest, prosecute, try, or punish any person?
Equal protection
The constitutional guarantee that the law will be applied equally to all people, without regard for such individual characteristics as gender, race, and religion?
Woff v. McDonnell
The basic elements of procedural due process must be present when decisions are made concerning the disciplining of an inmate?
Ombudsman
A public official who investigates complaints against government officials and recommends corrective measures?
Mediation
Intervention in a dispute by a third party to whom the parties in conflict submit their differences for resolution and whose decision is binding on both parties?
Hands-off
Prior to the 1960s, the courts maintained a _______ policy with respect to corrections.
Bounds v. Smith
In which case, did the Supreme Court extend the principle of prisoner access by addressing the question of law libraries?
Hudson v. Palmer
In which case did the supreme court make clear that the 4th Amendment does not apply within the confines of the prison cell?
Administrators
Who have the power to discipline inmates who break institutional rules?
Guard
What is the most difficult situation to resolve that is alleged brutality by a ______.
Furman v. Georgia
In what case did the Supreme Court rule that while the death penalty was constitutional, the way it was used constituted cruel and unusual punishment?
Kennedy v. Louisiana
What case held that capital punishment for a crime that did not involve murder was in violation the 8th and 14th Amendments?
Ford v. Wainwright
What case ruled against execution of the mentally ill?
Roper v. Simmons
What case ruled that death penalty could not be given to juveniles?
Gregg
Under what decision, do the states must have "bifurcated" hearings to determine guilt and the proper sentence?
Prison Litigation Reform Act
What act makes it more difficult for prisoners to file civil rights lawsuits and for judges to make decisions affecting prison operations?
Anti-terrorism act
Congress passed what act giving inmates one year from the time of convection to file a federal habeas corpus?
Federal Judges
By the end of the 1970s, who imposed changes on prisons and jails in nearly every state?
4
Over the past __ decades, prisoners have pursued rights guaranteed in constitution by filling section 1983 petitions?
Caucasions
Who make up more than half of the ethnicity that commit crime?