CASE 14.3
A South Carolina inmate serving a twenty-five-year sentence for second-degree
murder was recently diagnosed as HIV-positive. He had argued for years that he
should be tested and believed the correctional facility did very little to
accommodate this request. Given this information, answer the following questions.
Following the above decision, the inmate’s lawyer cited the case of Hope v. Pelzer,
which ruled that:
a. Improper medical care constitutes cruel and unusual punishment.
b. Correctional officials who knowingly violate an inmate’s Eighth Amendment rights
can be held liable for damages.
c. Inmates who have their Eighth Amendment rights violated should be immediately
released or have their sentence reduced.
d. Prisoners should be given special privileges if they are diagnosed with or contract a
disease that is detrimental to the health of the prison population.
Which of the following cases ruled that the level of evidence for the finding of juvenile
delinquency is proof beyond a reasonable doubt?
a. In re Gault (1967)
b. In re Winship (1970)
c. Breed v. Jones (1975)
d. New Jersey v. Martin Township Correctional Facility (1977)