CJUS-P 303 - Chapter 5 Vocab

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 decisions

precedent

legal rules created in judges' decisions that serve to guide the decisions of other judges in subsequent cases

regulations

legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency

Earl Warren

The 14th chief justice of the United States (1953-1969), Earl Warren began his public career in 1919 as district attorney of Alameda County, California. He was elected California's attorney general in 1938 and governor in 1942, then twice re-elected. Pres

hands-off policy

a judicial policy of noninsurance concerning the internal administration of prisons

civil liability

Responsibility for the provision of monetary or other compensation awarded to a plaintiff in a civil action.

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 (such as security) that impose fewer limits

compelling state interest

An interest of the state that must take credence 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.

totality of conditions

The aggregate of circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eighth Amendment, even though such guarantees are not violated by an single condition in the institution

procedural due process

The constitutional guarantee that no agent or instrumentality of government will use any procedures other than those procedures 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.

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 (in the correctional setting) is binding on both parties.