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True / False
1. Since the inception of the Prison Litigation Reform Act, it has become more difficult for prisoners to file civil rights
law suits.
a.
True
b.
False
2. The right of habeas corpus for alleged terrorist detainees has been an important issue since 9/11.
a.
True
b.
False
3. Individual states do not have their own constitutions.
a.
True
b.
False
4. Experience has shown that successful lawsuits filed under Section 1983 have had a major impact for the grieving
prisoner.
a.
True
b.
False
5. By the end of the 1970s, federal judges had imposed changes on prisons and jails in every state.
a.
True
b.
False
6. Like inmates in correctional facilities, convicted offenders in the community also have rights.
a.
True
b.
False
7. Prisoners have always had constitutional rights.
a.
True
b.
False
8. In Rhodes v. Chapman, the court required inmates to prove Eighth Amendment violations through showing the
punishment was unnecessary.
a.
True
b.
False
9. The case of Wolff v. McDonnell showed that the court was extending the due process rights for prisoners in certain
aspects.
a.
True
b.
False
10. Parolees have the right to be notified of the charges against them.
a.
True
b.
False
11. When convicted of a crime, an offender loses all constitutional rights and liberties.
a.
True
b.
False
12. The courts of each state are empowered to declare correctional conditions and practices in violation of either the state
or federal constitution.
a.
True
b.
False
13. Constitutions are written in more specific terms than statutes.
a.
True
b.
False
14. For most of U.S. history, the Bill of Rights was interpreted as protecting individuals only from acts of the federal
government.
a.
True
b.
False
15. The filing of a writ of habeas corpus is the legal action most commonly used by inmates to challenge prison and jail
conditions.
a.
True
b.
False
16. There is no right to parole in the United States.
a.
True
b.
False
17. In Section 1983 lawsuits filed by inmates, correctional employees may be sued as individuals in their personal
capacity, as opposed to their official capacity as a state employee.
a.
True
b.
False
18. A writ of habeas corpus requests an examination of the legality of:
a.
conditions.
b.
confinement.
c.
length of sentence.
d.
entence.
19. 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.
20. The Military Commissions Act (MCA) eliminated the ability of “unlawful enemy combatants” to file a writ of:
a.
corpus delicti
b.
nolle contendere.
c.
mens rea.
d.
habeas corpus.
21. 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 institutional security
d.
the rehabilitation of inmates
22. In instances when parole supervision is being revoked, offenders possess various rights.
a.
habeas corpus
b.
privacy
c.
due process
d.
administrative
23. 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.
Estelle v. Gamble
c.
Holt v. Sarver
d.
Pugh v. Locke
24. Prior to the 1960s courts maintained a(n) with respect to corrections.
a.
invasive policy
b.
administrative policy
c.
hands-off policy
d.
inquisitive policy
25. 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.
least restrictive means test.
26. For most of U.S. history, the Bill of Rights was interpreted as protecting individuals from acts of the:
a.
federal government.
b.
unlawful masses.
c.
state legislatures.
d.
president.
27. According to the textbook, the overall results of the turbulent inmate rights period were:
a.
positive.
b.
negative.
c.
problematic.
d.
useless.
28. The Fourteenth Amendment was ratified in:
a.
1960.
b.
1868.
c.
1789.
d.
1810.
29. 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 and organizational structures
c.
both of these
d.
neither of these
30. 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
31. 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:
a.
statutes.
b.
case laws.
c.
regulations.
d.
precedent.
32. 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 United States
d.
Gregg v. Georgia
33. 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.
34. The first case recognized by the Supreme Court which recognized prisoners’ rights involved a case of:
a.
brutality and physical conditions
b.
challenges to convictions.
c.
due process.
d.
medical treatment.
35. With the exception of those working for corporate and nonprofit organizations, correctional personnel are:
a.
executive personnel
b.
public employees.
c.
private contractors.
d.
management.
36. 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.
37. The courts have upheld the right of female corrections officers to pat down:
a.
only female prisoners.
b.
only male prisoners.
c.
male prisoners when a male officer is also present.
d.
both male and female prisoners.
38. 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
39. 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.
40. The right to be free from cruel and unusual punishment is found in which Amendment?
a.
First
b.
Fourth
c.
Eighth
d.
Fourteenth
41. 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.
do all of these.
42. 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
43. Which of the following is NOT an alternative to litigation by inmates?
a.
ombudsman
b.
criminal investigation
c.
mediation
d.
inmate grievance procedures
44. A(n) __________ is a public official with full authority to investigate citizens’ complaints against government
officials.
a.
ombudsman
b.
detective
c.
parole officer
d.
internal officer
45. Which Amendment addresses prisoner rights as they pertain to religious practices?
a.
Fourteenth
b.
Second
c.
Fourth
d.
First
46. Which Amendment helps to ensure procedural due process and equal protection of the law for inmates?
a.
Fourteenth
b.
Fourth
c.
Fifth
d.
First
Numeric Response
Match each item to the phrase or sentence listed below.
a. Noninterference policy
b. Rules created by judges
c. Legal rules regarding agency policies
d. Rules other judges follow with similar cases
e. Laws created by legislatures
f. Lists individual rights
g. Intervention towards an agreed resolution
h. Responsible for compensation of a plaintiff
i. Judicial order
j. Investigates public officials
47. Constitutions
48. Statutes
49. Case law
50. Precedent
51. Regulations
52. Hands-off policy
53. Civil liability
54. Habeus corpus
55. Mediation
56. Ombudsman
57. Laws passed by legislatures at all levels of government are known as .
58. The Amendment focuses on the right to religious freedom.
59. Legal rules, usually set by an agency of the executive branch, designed to implement in detail policies of that agency
are .
60. refers to legal rules produced by judges’ decisions.
61. Legal rules created in judges’ decisions that serve to guide decisions in similar cases are called .
62. The Amendment focuses on the protection of privacy within the scope of search and seizure.
63. 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 .
64. 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.
65. A public official who investigates complaints against government officials and recommends corrective measures is
a(n) .
66. The first recognized U.S. Supreme Court case recognizing the termination of the hands-off policy was the case of
.
67. _________ refers to the responsibility for the provision of monetary or other compensation awarded to a plaintiff in a
civil action.
68. _______________ refers to an interest of the state that must take precedence over rights guaranteed by the First
Amendment.
69. . ___________ refers to means of ensuring a legitimate state interest (such as security) that impose fewer limits on
prisoners’ rights than do alternative means of securing that end.
70. Since the 1940s, the Supreme Court has maintained that the ______________ Amendment holds a special position in
the Bill of Rights because it guarantees those freedoms essential in a democracy.
71. As a result of the Supreme Court decision in ______________, correctional officials may search cells without a
warrant and seize any materials found there.
72. Define and explain what is meant by a writ of habeas corpus. What is its significance for inmates? Should it be
limited? Why or why not? Discuss the changes to habeas corpus post 9/11.
73. List and explain three alternatives to litigation. Discuss the strengths and weaknesses of each. Which one do you think
is most effective in maximum security prisons for men? For women? Please fully explain your answers.
74. What are the three foundations of correctional law? Describe how each operates and give an example of each. Discuss
the strengths and weaknesses of each approach.
75. Discuss the impact of the prisoners’ rights movement that ultimately changed corrections in this country. When
answering, be sure to highlight key events, cases, and decisions that can be considered causal and inspirational for the
movement.
76. What does it mean when we say the courts had a hands-off policy prior to 1960? When did this judicial policy end and
why? What followed as this policy came to an end? Do you think the courts should have a role in determining and
monitoring correctional policy and practice? Discuss your reasoning.
