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1. A judicial order asking correctional officials to produce the prisoner and to give reasons to justify continued
confinement is called a writ of_______________.
a.
actus reus
b.
habeas corpus
c.
corpus delicti
d.
lex talionis
2. Inmates who assist other inmates in preparing necessary legal documents or give other help in legal matters are referred
to as __________________.
a.
jailhouse lawyers
b.
legal aids
c.
prison paralegals
d.
prison librarians
3. The first successful prisoners' rights cases of the 1970s involved
a.
a lack of recreational opportunities.
b.
brutality and inhumane living conditions.
c.
freedom of speech issues.
d.
religious expression rights.
4. In ______________, the US Supreme Court ruled that while the death penalty was constitutional, the way it was used
constituted cruel and unusual punishment.
a.
Abney v. California
b.
Klenowski v. West Virginia
c.
Furman v. Georgia
d.
Bell v. South Carolina
5. In regard to an inmate’s First Amendment rights, ________ requires that a regulation provide a reasonable method of
advancing a legitimate institutional goal.
a.
the rational basis test
b.
the totality of the circumstances
c.
the compelling interest test
d.
the least restrictive test
6. In which case did the Supreme Court rule that prisoners who adhere to nontraditional religious beliefs may not be
denied the opportunity to practice their own religion?
a.
Mapp v. Ohio
b.
Cruz v. Beto
c.
Bell v. Wolfish
d.
Pate v. Cooper
7. Legal rules produced by judges’ decisions are referred to as ___________.
a.
common law
b.
statutes
c.
case law
d.
regulations
8. Up until the 1960s, the US federal court system practiced a ___________ policy with respect to corrections; ultimately
giving more power and discretion back to individual state correctional systems.
a.
maternal-like
b.
don’t ask, don’t tell
c.
get-tough
d.
hands-off
9. Case law decisions create ___________ that are legal rules that can be used to make future judgments on cases that
involve similar circumstances.
a.
patterns
b.
precedents
c.
standards
d.
examples
10. All of the following are considered to be alternatives to inmate litigation, except
a.
direct conversation with the assistant or deputy warden.
b.
the use of an ombudsman.
c.
legal assistance.
d.
inmate grievance procedures.
11. In Hudson v. Palmer, (1984), the Supreme Court held that the rules of the ___________ Amendment do not apply to a
search of a convicted prisoner’s cell.
a.
Eighth
b.
Fourth
c.
Sixth
d.
First
12. The combination of factors that federal courts examine to see if conditions or events constitute cruel and unusual
punishment are referred to as
a.
totality of conditions.
b.
totality of the circumstances.
c.
clear and present danger.
d.
compelling state interest.
13. In Wolff vs. McDonnell (1974), the court created four legal procedures to enhance the protection of an inmate who has
been accused of a serious prison violation. Which of the following is NOT one of these four procedures?
a.
The prisoner must be given twenty-four hour’s written notice of the charges.
b.
The prisoner has the right to present witnesses and document evidence in his defense against the charges.
c.
The prisoner has the right to a hearing before a felony trial judge.
d.
The prisoner has the right to receive a written statement from that body concerning the outcome of the hearing.
14. In ____________ (1995), Iowa female inmates argued that their equal protection rights under the Fourteenth
Amendment were violated because programs and services were not at the same level as those provided male inmates. The
court ruled against the female inmates, citing that no invidious discrimination was present.
a.
Hutto v. Finney
b.
Sandin v. Conner
c.
Pargo v. Elliot
d.
Wolff v. McDonnell
15. _____________ are laws that are created by local, state, and federal governments.
a.
Doctrines
b.
Statutes
c.
Regulations
d.
Constitutions
16. The number of Section-1983 lawsuits among both state and federal prisoners dropped dramatically following the
passage of the _______________________.
a.
Correctional Reform Act of 1971
b.
Civil Rights Act of 1964
c.
Prisoner Rights Act of 1984
d.
Prison Litigation Reform Act of 1996
17. Which of the following alternatives to litigation has NOT been incorporated into state correctional systems?
a.
legal assistance
b.
plea bargaining
c.
grievance procedures
d.
use of an ombudsman
18. Which of the following is NOT one of the three steps most corrections systems use when handling the inmate
grievance process?
a.
A staff member or committee receives the complaint.
b.
A staff member or committee makes a decision regarding the complaint.
c.
An officer conducts a hearing on the legality of the complaint after consulting state or federal legal counsel.
d.
A staff member or committee investigates the complaint.
19. The courts have recognized all of the following specific interests as justifying some restrictions on the constitutional
rights of prisoners, except
a.
the maintenance of institutional order.
b.
the maintenance of institutional security.
c.
the rehabilitation of inmates.
d.
the carrying out of retributive punishments to deter future criminal acts.
20. In _____________, the Supreme Court ruled juries, not judges, must make the crucial factual decision on whether a
convicted murderer should receive the death penalty.
a.
Gregg v. Georgia
b.
Roper v. Simmons
c.
Atkins v. Virginia
d.
Ring v. Arizona
21. More than half of the inmates on death row are _______________.
a.
Caucasian
b.
African American
c.
Latino
d.
Asian
22. In ___________, the Supreme Court ruled that offenders cannot be sentenced to death for a crime they committed
before they reached the age of eighteen.
a.
Gregg v. Georgia
b.
Roper v. Simmons
c.
Atkins v. Virginia
d.
Ring v. Arizona
23. A(n) ______________ is a public official with full authority to investigate citizens’ complaints against government
officials.
a.
detective
b.
ombudsman
c.
probation officer
d.
parole officer
24. With respect to inmate grievances, it is believed that the most difficult type of situation to resolve is ____________.
a.
inmate possession of a weapon
b.
inmate-on-inmate rape
c.
inmate possession of drugs
d.
brutality by an officer
25. Over the past several decades inmates have pursued rights guaranteed in the US Constitution by filing
Section_____________ petitions in US federal courts.
a.
1871
b.
1964
c.
1983
d.
1976
26. By the end of the 1970s, federal judges had imposed changes on prisons and jails in every state.
a.
True
b.
False
27. Fourth-Amendment rights cover prison cells.
a.
True
b.
False
28. In 1968 the Supreme Court firmly established that racial segregation could become an official policy within prison
walls to help minimize gang violence.
a.
True
b.
False
29. The most recent cases concerning equal protection deal with issues concerning juvenile offenders.
a.
True
b.
False
30. In 1996 Congress passed the Anti-Terrorism Act, which gives inmates one year from the time of conviction to file a
federal habeas petition.
a.
True
b.
False
31. Prior to the 1960s, the courts maintained a hands-on policy with respect to corrections.
a.
True
b.
False
32. The compelling state interest test is the current standard for the analysis of not only prisoners’ First Amendment
claims but other constitutional claims as well.
a.
True
b.
False
33. The most intrusive personal searches of inmates involve X-rays of the inmates’ bodies.
a.
True
b.
False
34. Until the 1970s disciplinary procedures conducted in prisons could be exercised without challenge because the
prisoner was legally in the hands of the state.
a.
True
b.
False
35. Because of the heinous nature of the crime, the US Supreme Court has upheld that those convicted of the rape of a
child can in fact be given the sentence of death.
a.
True
b.
False
36. A writ of habeas corpus requests an examination of the legality of____________.
37. The circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed
by the Eighth Amendment are known as_______________.
38. _____________ are legal rules, usually set by an agency of the executive branch, designed to implement policies of
that agency.
39. On entering a correctional institution, prisoners surrender most, but not all, of their rights under the ________
Amendment.
40. The equal protection clause is found in the ________ Amendment.
41. ___________ is intervention in a dispute by a third party where those in conflict submit their differences for
resolution; the decision (in the correctional setting) is binding on both parties.
42. The hands-off policy was essentially ended by the Supreme Court decision of ______________.
43. Under the Supreme Court decision of _____________ regarding capital punishment, states must now have two
hearings: 1) to determine guilt or innocence and, if found guilty, 2) to determine the appropriate sentence.
44. ____________ contain basic principles and procedural safeguards, and they describe the institutions of government,
the powers of the government, and the rights of individuals.
45. ___________ are legal rules created by judges’ decisions that serve to guide future judgments in cases that involve
similar circumstances.
46. List and explain the four alternatives to prison litigation.
47. List and explain the four foundations of correctional law. Be sure to provide detailed examples of each.
48. Please identify the five constitutional amendments that can be used to protect prisoner rights. Next, give examples of
how each of these amendments has been applied to prisoner issues.
49. Under the Gregg decision, states must have ________ hearings to determine guilt and the proper sentence.
a.
bifurcated
b.
trifurcated
c.
subjective
d.
no
50. In Atkins v. Virginia (2002) the Supreme Court ruled that the execution of who was unconstitutional?
a.
mentally retarded offenders
b.
sex offenders
c.
juvenile offenders
d.
physically disabled offenders
51. In Ring v. Arizona (2002), the Supreme Court ruled who must make the crucial factual decision on whether a
convicted murderer should receive the death penalty?
a.
juries
b.
judges
c.
victims
d.
probation officers
52. Intervention in a dispute by a third party to whom the parities in conflict submit their difference for resolution is
known as
a.
mediation
b.
ombudsman
c.
negotiation
d.
resolution
53. Staff attorneys, inmate lawyers, and law school clinics are examples of
a.
legal assistance
b.
mediation
c.
ombudsman
d.
juries
54. In your own words, explain the Prison Litigation Reform Act (PLPA) and the relevance of the three-strikes provision
as is relates to inmate lawsuits.
55. Explain the four steps of the rational basis test and explain in your own words what it means for correctional practices.
56. Correctional searches can be done with the intent to humiliate or degrade the inmate.
a.
True
b.
False
57. According to the text, inmates find litigation effective and satisfying.
a.
True
b.
False
58. An ombudsman is a public official who investigates complaints against government officials and recommends
corrective measures.
a.
True
b.
False
59. The death penalty requires that the state terminate the life of the convicted as a form or revenge.
a.
True
b.
False
60. In Roper v. Simmons the Supreme Court decided that offenders cannot be sentenced to death for a crime they
committed before they reached the age of eighteen.
a.
True
b.
False
61. The clear and present danger test takes into account 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 in the ____________ Amendment.
62. When convicted of a crime, an individual does not lose all his or her _______________________ rights.
63. The penal codes of the national and state governments contain statutes defining ______________ behavior.
64. Case law consists of legal rules produced by ___________ decisions.
65. The first successful prisoners' rights cases involved the most excessive prison _______________.
66. A __________________ state interest identifies an interest of the state that must take precedence over rights
guaranteed by the First Amendment.
67. Upon entering a correctional institution, a prisoner surrenders most of his or rights to ______________.
68. Four alternatives to litigation appear in correctional systems to solve problems before an inmate feels compelled to file
____________.
69. The inmate-grievance procedure can help defuse _____________ in correctional facilities.
70. The ________________ Amendment prohibits the execution of a prisoner who is insane at the time of the scheduled
execution.
Inmate Davis alleges his rights are being violated by the state. He claims this because he cannot receive the types of
photographs he wants because the prison rules say they are a threat to the security of the prison. He also states his rights
are being violated because he can't have the same number of books in his cell as he had in a lower custody facility he was
in before. Inmate Niles is assisting inmate Davis with his efforts to file the suit. However, inmate Davis's claims are
denied because he had filed at least three prior suits that were dismissed without merit.
71. Inmate Davis is alleging that not being able to have the types of pictures he want is a violation of what?
a.
First Amendment
b.
Eighth Amendment
c.
personal freedom
d.
Fifth Amendment
72. What does inmate Davis allege is being violated by his not being allowed to have the same number of books he had in
another facility?
a.
Fourteenth Amendment
b.
Eighth Amendment
c.
right to education
d.
right to personal freedom
73. In the above scenario, what is Inmate Niles?
a.
jailhouse lawyer
b.
public defender
c.
ombudsman
d.
mediator
74. What allows Inmate Davis's suit to be denied?
a.
three-strikes rule of the Prison Litigation Reform Act
b.
lack of representation
c.
bad luck
d.
lack of the clear and present danger requirement
Inmate Ness files a suit alleging her constitutional rights were violated because she was only given once choice of shoes
to wear while in prison. She states this is unjust punishment because the shoes are ugly and uncomfortable. A committee
at the institution determines that inmate Ness' rights were not violated. Inmate Ness is not satisfied with this and demands
a third party become involved.
75. What right is inmate Ness alleging is being violated?
a.
Eighth Amendment (cruel and unusual punishment)
b.
First Amendment (freedom of religion)
c.
clear and present danger factor
d.
right to personal expression
76. What process is Inmate Ness initiating?
a.
inmate-grievance process
b.
clear and present danger process
c.
prosecution
d.
appeal process
77. What is Inmate Ness requesting when she demands a third party become involved?
a.
mediation
b.
evidence hearing
c.
legal counsel
d.
a jury trial
Inmate Ace is planning to file a law suit alleging correctional officers violated his constitutional rights while in prison by
searching his cell without him being present. Kim is assigned to investigate the allegations and Jake is assigned to assist
inmate Ace with his efforts.
78. What right is Inmate Ace alleging has been violated by searching his cell without him present?
a.
Fourth Amendment
b.
First Amendment
c.
Fourteenth Amendment
d.
Eighth Amendment
79. What role is Kim performing in the above scenario?
a.
ombudsman
b.
prosecutor
c.
warden
d.
special investigator
80. What role does Jake have in the above scenario?
a.
legal assistance
b.
ombudsman
c.
judge
d.
special investigator
