1. Views on inmates’ rights include:
a.
the legalistic/due process view.
b.
the crime control view.
c.
the humanistic view.
d.
all of these choices.
2. A claim by an individual or group of individuals that the state has a duty to fulfill is known as a(an):
a.
amendment.
b.
case.
c.
law.
d.
right.
3. Inmates are entitled to due process of the law even in confinement as an example of:
a.
legalistic/due process view.
b.
crime control view.
c.
humanistic view.
d.
all of these choices.
4. The view that the fewer rights inmates have, the greater the deterrent effect of punishment is:
a.
the legalistic/due process view.
b.
the crime control view.
c.
the humanistic view.
d.
none of these choices.
5. The body of the Constitution and the first 10 amendments are the main sources of:
a.
procedural law.
b.
limited law.
c.
criminal law.
d.
judicial law.
6. The view that suggests that if inmates are given the same rights and privileges as any citizen, their anger and
resentment toward society will diminish, thereby aiding the rehabilitation process is:
a.
the legalistic/due process view.
b.
the crime control view.
c.
the humanistic view.
d.
none of these choices.
7. The principle source of prisoners’ rights is based on:
a.
the U.S. Constitution.
b.
individual state laws.
c.
the department of corrections.
d.
none of these choices.
8. The Fourth Amendment:
a.
prohibits obtaining confessions unfairly.
b.
guarantees a defendant a speedy and public trial.
c.
bars excessive fines or bail.
d.
bars illegal searches and seizures.
9. The amendment that limits admissibility of confessions that have been obtained unfairly is:
a.
the Fourth Amendment.
b.
the Fifth Amendment.
c.
the Sixth Amendment.
d.
the Eighth Amendment.
10. The amendment that guarantees a defendant the right to a speedy and public trial by an impartial trial is:
a.
the Fourth Amendment.
b.
the Fifth Amendment.
c.
the Sixth Amendment.
d.
the Eighth Amendment.
11. The amendment that bars excessive bail or excessive fines imposed, as well as cruel and unusual
punishment, is:
a.
the Fourth Amendment.
b.
the Fifth Amendment.
c.
the Sixth Amendment.
d.
the Eighth Amendment.
12. The Fourteenth Amendment:
a.
affirms that no state may deprive any person of life, liberty, or property without due process of law.
b.
protects juveniles from incarceration.
c.
does not apply to the field of criminal justice.
d.
all of these choices.
13. The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws
is known as:
a.
court laws.
b.
case law.
c.
judicial law.
d.
none of these choices.
14. Habeas corpus has been called:
a.
the great writ of freedom.
b.
the great writ of justice.
c.
the great writ of liberty.
d.
the great writ of procedure.
15. Freedom of religion is a fundamental right guaranteed by the:
a.
First Amendment.
b.
Fourth Amendment.
c.
Eighth Amendment.
d.
Fourteenth Amendment.
16. When a precedent establishes an important principle, it is known as a(an):
a.
critical decision.
b.
federal decision.
c.
landmark decision.
d.
substantive decision.
17. The Prison Litigation Reform Act:
a.
limits the ability of prisoners to complain about conditions of confinement and to allege violation of
their constitutional rights.
b.
requires prisoners to pay the full fee when filing a complaint or a down payment.
c.
prohibits an indigent prisoner from filing new lawsuits when the prisoner has previously filed
frivolous claims.
d.
all of these choices.
18. Rights that have been guaranteed and protected by the government are known as:
a.
statutory laws.
b.
individual rights.
c.
civil rights.
d.
procedural laws.
19. The Procurier v. Martinez case ruled that censorship of prison mail was a violation of:
a.
the First Amendment.
b.
the Sixth Amendment.
c.
the Fourteenth Amendment.
d.
both a and c.
20. The justification of the courts for their neglect of prison conditions prior to the 1960s is known as:
a.
the hands-on doctrine.
b.
the hands-off doctrine.
c.
the liberal doctrine.
d.
the judicial doctrine.
21. The act that limits the ability of inmates to complain about the conditions of confinement and to allege
violations of their constitutional rights is known as the:
a.
Prison Litigation Reform Act.
b.
Prisoner Rights Act.
c.
Inmate Act.
d.
Offender Conditions Act.
22. Turner v. Safley remains the leading standard for evaluating prisoner _______________________ claims.
a.
free expression
b.
food and nutrition
c.
sexual assault
d.
cruel and unusual punishment
23. Prisoners have sued to establish rights to:
a.
physical security and the minimum conditions to sustain life.
b.
receive their constitutionally guaranteed safeguards.
c.
challenge the legality of their convictions through the courts and to receive reasonable standards and
procedural protections.
d.
all of these choices.
24. A right such as life, liberty, or property that is held to exist for its own sake and to constitute part of the legal
order of society is known as:
a.
a religious right.
b.
a guaranteed right.
c.
substantive right.
d.
societal right.
25. The First Amendment protects:
a.
equality to all persons.
b.
freedom of religion and speech.
c.
a right to privacy.
d.
all of these choices.
26. A name given to inmates who develop an expertise in criminal law and help other inmates in preparing their
cases are known as:
a.
correctional attorneys.
b.
legal lawyers.
c.
jailhouse lawyers.
d.
inmate lawyers.
27. Which case determined that unannounced cell searches were necessary for security and order?
a.
Bell v. Wolfish
b.
Hudson v. Palmer
c.
Moore v. People
d.
Whitley v. Albers
28. Which case ruled that as long as force is used in a good faith effort to maintain control, there is no liability?
a.
Estelle v. Gamble
b.
Madrid v. Gomez
c.
Hudson v. McMillian
d.
Newman v. Alabama
29. Solitary confinement or administrative segregation is necessary to:
a.
protect the inmate.
b.
protect other prisoners and staff.
c.
prevent escapes.
d.
all of these choices.
30. Deadly force is permissible to prevent:
a.
the commission of a felony.
b.
refusal of a direct order.
c.
verbal threats.
d.
all of these choices.
31. The Supreme Court has ruled that the right to practice religion:
a.
ends when a person is incarcerated.
b.
is not a civil right.
c.
is not a necessity.
d.
does not end at a prison gate.
32. Searches conducted by prison officials:
a.
are prohibited by law.
b.
are not unreasonable as long as they are not for the purpose of harassing or humiliating the inmate.
c.
are conducted in prisons, but are prohibited by law.
d.
none of these choices.
33. Inmates placed in solitary confinement or administrative segregation have the right to:
a.
personal hygiene.
b.
exercise.
c.
mattresses.
d.
all of these choices.
34. Cruel and unusual punishment refers to:
a.
degrading the dignity of human beings.
b.
punishing people because of their race, religion, and mental state.
c.
punishment that is more severe than the offense for which it has been given.
d.
all of these choices.
35. The minimum requirements for disciplinary hearings include:
a.
a written notice of the alleged rules infraction and sufficient time to prepare a defense.
b.
the ability to call witnesses.
c.
a written statement of the findings.
d.
all of these choices.
36. The Supreme Court ruled in the _________________ decision that uncomfortable conditions are not unconstitutional
but are part of the penalty that inmates pay for committing crimes.
a.
Wilson v. Seiter
b.
Bell v. Fuertado
c.
Huff v. South Carolina
d.
Brady v. Arizona
37. A formalized arrangement in which inmates can register their complaints about the conditions of their
confinement is known as a:
a.
grievance process.
b.
kite.
c.
complaint process.
d.
formalized complaint.
38. A person who protects citizens against governmental abuses is known as a:
a.
corrections officer.
b.
clown.
c.
corrections ombudsman.
d.
warden.
Abraham has been in prison since 1940. He is now 86 years old. Throughout his time in prison, he has
seen changes in the prison, the type of inmates being housed, and the laws concerning inmates. When he
first got to prison, it was generally accepted that a convicted individual forfeited all rights that were not
granted in a statute or a correctional policy.
39. During his early years in prison, Abraham tried to file multiple lawsuits concerning the conditions of
confinement. The courts rejected all his claims because they followed the idea that persons sentenced to prison
are not entitled to the same constitutional protections they enjoyed before conviction. This policy is referred to
as the:
a.
conservative doctrine.
b.
hand-off doctrine.
c.
judicial doctrine.
d.
punitive doctrine.
40. Which court case established the policy that Abraham and the other inmates were not entitled to the same
constitutional protections as free individuals and were essentially considered “slaves of the state”?
a.
Baxter v. Palmigiano
b.
Rhodes v. Chapman
c.
Ruffin v. Commonwealth of Virginia
d.
Turner v. Safely
41. When did the courts begin to make a 180-degree reversal and become extensively involved in rulings on
prisoners’ rights?
a.
1940s
b.
1960s
c.
1980s
d.
2000s
42. Abraham filed a lawsuit against the administrators of his prison because he was Muslim and the warden
prohibited him from access to the Koran and from conducting services. What amendment was the basis for
Abraham’s lawsuit?
a.
First Amendment
b.
Second Amendment
c.
Fourth Amendment
d.
Eighth Amendment
43. Abraham and his fellow inmates are very concerned that the officers continue to search their cells while they
are in the yard or in the cafeteria eating their meals. They claim the officers are destroying their property and
also planting contraband. Which court case shattered any hope that the Fourth Amendment would limit cell
searches and ruled that “the Fourth Amendment has no applicability to a prison cell”?
a.
Beard v. Banks
b.
Hudson v. Palmer
c.
Pell v. Procunier
d.
Thornbaugh v. Abbott
Bloom’s: Remember
Warden Cox is experiencing high levels of violence and inmate disorder in his institution. He met with his
senior correctional officers to discuss a strategy on how to handle the situation. Also included in the
meeting was the legal advisor to the state’s department of corrections, Mr. Johnson.
44. Mr. Johnson explains to Warden Cox that he has received many complaints from inmates concerning the
living conditions, physical abuse by officers, and segregation. Which amendment is applicable to these inmate
complaints?
a.
First amendment
b.
Fourth amendment
c.
Eighth amendment
d.
Fourteenth amendment
45. Mr. Johnson tells Warden Cox that he is particularly concerned with the fact that some of the inmates have
accused some of the officers of whipping prisoners with a leather strap. Mr. Johnson explains to the correctional
staff that this disciplinary measure is considered cruel and unusual punishment and has been the case since the
courts ruled on this during the:
a.
1940s.
b.
1960s.
c.
1980s.
d.
1990s.
46. Some of the officers have concerns that they will be personally sued for actions that they took to discipline
prisoners. One of the officers voices that they are not liable as long as they are on duty and in uniform. Mr.
Johnson explains that the Supreme Court ruled that correctional officials who knowingly violate the Eighth
Amendment rights of inmates can be held liable for damages. What case was this decided in?
a.
Hope v. Pelzer
b.
Knop v. Johnson
c.
Pennsylvania Department of Corrections v. Yeskey
d.
Washington v. Lee
47. James is one of the inmates who contacted Mr. Johnson to express concern with the conditions of
confinement at Warden Cox’s institution. James told Mr. Johnson that he has verbally complained to
correctional officers but nothing has been done thus far. Mr. Johnson asks Warden Cox about the process in
place in which inmates can register their complaints about the conditions of their confinement. This process is
referred to as the _____________ process.
a.
complaint
b.
grievance
c.
inquiry
d.
legal
48. Mr. Johnson inquires about the disciplinary proceedings used at the institution. Warden Cox explains the
proceedings used to Mr. Johnson. Which of the following would Not meet the minimum requirements required
for disciplinary proceedings?
a.
Warden Cox gives the inmate verbal notice of the alleged rules infraction.
b.
Warden Cox allows the inmate sufficient time to prepare a defense against the
charges.
c.
The inmate is allowed to present documentary evidence.
d.
Warden Cox provides a written statement of the findings.
49. The U.S. Constitution tends to be written in more specific terms than statutes.
a.
True
b.
False
50. The humanistic view on inmate rights is that prisons are places of punishment, but they should not be
punishing.
a.
True
b.
False
51. Each state legislature enacts laws that govern the acts of the state and the individuals within that jurisdiction.
a.
True
b.
False
52. Civil rights are rights that have been guaranteed and protected by the government.
a.
True
b.
False
53. A Latin expression meaning “you have the body,” is habeas corpus.
a.
True
b.
False
54. Prisoners have a right to assemble without restriction.
a.
True
b.
False
55. Searches conducted by prison officials are not unreasonable as long as they are not for the purpose of
harassing or humiliating the inmate in a cruel and unusual manner.
a.
True
b.
False
56. The Supreme Court has mandated that inmates receive proper medical care.
a.
True
b.
False
57. Inmates can be abused by correctional officers if they disobey orders.
a.
True
b.
False
58. Jailhouse lawyers cannot be interfered with or harassed by prison administrators for helping other inmates
by drawing up and filing complaints.
a.
True
b.
False
59. Freedom of religion is a fundamental right guaranteed by the First Amendment.
a.
True
b.
False
60. The Fourth Amendment bars excessive fines imposed and cruel and unusual punishment.
a.
True
b.
False
61. A corrections ombudsman is a further means sometimes available for inmates who feel that they have been
unjustly treated.
a.
True
b.
False
62. Currently, only federal prisons use the position of ombudsman, while states have found no correlation between the
position and inmate grievance success.
a.
True
b.
False
63. The Prison Litigation Reform Act was initiated by President Bush in 2005 as an attempt to allow prisoners the right to
file claims against their constitutional rights.
a.
True
b.
False
64. The Prison Litigation Reform Act has made it easier for prisoners to allege violations of their constitutional
rights.
a.
True
b.
False
65. Prisoners have made the greatest gains in the right to send and receive letters and the right to communicate
with lawyers and the courts.
a.
True
b.
False
66. The _______________ view believes that convicted felons do not have rights other than those conferred on
them by law.
67. The name given to the first 10 amendments to the U.S. Constitution is the ____________________.
68. The body of the constitution and the first 10 amendments are the main sources of the
______________________ law.
69. The body of judicial precedent that is built on legal reasoning and previous interpretations of statutory laws
is called __________________.
70. A _____________________________ is when a precedent establishes an important principle or represents a
change or new law.
71. The _________________________ doctrine gave correctional administrators freedom from excessive lower
court interference.
72. A Latin expression meaning “you have the body” is known as ____________________.
73. A _______________________ is a right such as life, liberty, or property that is held to exist for its own sake
and to constitute part of the legal order of society.
74. The Fourth Amendment bars illegal ____________________.
75. A name given to inmates who develop an expertise in criminal law and help other inmates in preparing their
cases is a ____________________.
76. Punishment that involves torture or the infliction of unnecessary and wanton pain is called
____________________.
77. The courts have ruled that ____________________ is permissible to prevent the commission of a felony or
the infliction of severe bodily harm.
78. In the case of ____________________, the Supreme Court ruled that racial segregation of prison inmates is
an inappropriate form of racial classification.
79. In the case of Clutter v. Wilkinson (2005), it was ruled that inmates were allowed to practice their own
_______________ as long as it did not undermine the safety of the institution.
80. The Fourteenth Amendment states that no state shall deprive any person of life, liberty, or property, without
______________________.
81. A person who protects citizens against governmental abuses in a correctional setting is called a
____________________.
82. Explain the three views on inmates’ rights.
83. Explain the hands-off doctrine before it was made defunct in the late 1960s.
84. Discuss the different sources of prisoners’ rights.
85. Discuss the significance of the Prison Litigation Reform Act.
86. Discuss five amendments related to the criminal justice system.
87. Discuss two critical issues involving physical abuse.
88. Discuss the use of deadly force in correctional settings and when it can be used.
89. When can a correctional institution segregate inmates?
90. Discuss how the courts have ruled regarding an inmate’s right to freedom of speech in a correction
institution.
91. Discuss the legal services available to inmates.