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Ch. 11 Test
| Question | Answer |
|---|---|
| fundamental law contained in a state or federal document that provides a design of government and lists basic rights for individuals | constitution |
| law created by the people's elected representatives in legislatures | statute |
| legal rules produced by judges' decisions | case law |
| legal rules created in judges' decisions that serve to guide the decisions of other judges in subsequent other cases | precedent |
| legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency | regulations |
| a judicial policy of noninterference concerning the internal administration of prisons | hands-off policy |
| a write (judicial order) asking a person holding another person to produce the prisoner and to give reasons to justify continued confinement | habeas corpus |
| The first successful prisoners' rights case involved what two most excessive prison abuses? | brutality and physical conditions |
| By the end of the 1970s, federal judges had imposed changes on prisons and jails in how many states? | nearly every state |
| T/F: Over the past four decades, prisoners have pursued rights guaranteed in the U.S. Constitution by filing Section 1983 petitions in the federal courts. | T |
| means of ensuring a legitimate state interest (such as security) that impose fewer limit to prisoners' rights than do alternative means of securing that end | least restrictive methods |
| an interest of the state that must take precedence over rights guaranteed by the First Amendment | compelling state interest |
| 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 | clear and present danger |
| requires that a regulation provide a reasonable, rational method of advancing a legitimate institutional goal | rational basis test |
| In what case did the Supreme Court ruled that censorship of mail was permissible only when officials could demonstrate a compelling government interest in maintaining security? | Procunier v. Martinez 1974 |
| What case stated that prisoners who adhere to other than conventional beliefs may no be denied the opportunity to practice their religion? | Cruz v. Beto 1972 |
| The growth of what religion in prisons set the stage for suits demanding that this group be granted the same privileges as other faiths? | Black Muslims |
| The decisions concerning the Black Muslims also helped what other two religions to practice their religion? | Native Americans and Orthodox Jews |
| In what case did the Supreme Court make clear that the Fourth Amendment does NOT apply within the confines of the prison cell but does NOT necessarily mean prisoners have NO protections against harmful consequences of some searches? | Hudson v. Palmer 1984 |
| The most intrusive personal searches involve what? | body cavity examinations |
| the aggregate of circumstances in a correctional facility that, when considered as a whole, may violate that protections guaranteed by the Eighth Amendment | totality of conditions |
| Federal courts have ruled that although some aspects of prison life may be acceptable, the combinations of various factors called what that may determine that living conditions in the institution constitute cruel and unusual punishment? | totality of conditions |
| What case states that deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain, and thus violates the Eighth Amendment? | Estelle v. Gamble 1976 |
| the constitutional guarantee that no agent or instrumentality of government will use any procedures other than those prescribed by law to arrest, prosecute, try, or punish any person | procedural due process |
| the constitutional guarantee that the law will be applied equally to all people, without regard for such individual characteristics as gender, race, and religion | equal protection |
| What one word of the Fourteenth Amendment is relevant to the question of prisoners' rights? | state |
| T/F: Until the late 1970s, disciplinary procedures could be exercised WITHOUT challenge because the prisoner was legally in the hands of the state. | T |
| T/F: Due process rights included the right to written notice of the charges, to present witnesses, to have an impartial hearing, and to receive a written statement concerning the outcome of the hearing. | T |
| ________ can be justified ONLY as a temporary expedient during periods when violence between race is imminent. | segregation |
| In what case did Iowa female inmates argue that their equal protection rights were violated because programs and services were not at the same level as those provided male inmates? | Pargo v. Elliott 1995 |
| What case stated that the basic elements of procedural due process must be present when decisions are made concerning the disciplining of an inmate? | Wolff v. McDonnell 1974 |
| Pargo v. Elliott concluded that there was no evidence of "_____________ ." | "invidious discrimination" |
| What act makes it more difficult for prisoners to file civil rights lawsuits and for judges to make decisions affection prison operations? | Prison Litigation Reform Act |
| Has the number of Section 1983 lawsuits filed in federal courts dropped dramatically? | Yes |
| T/F: Four alternatives to litigation are inmate grievance procedures, use of an ombudsman, mediation, and legal assistance. | T |
| MOST correctional systems use a _________ inmate-grievance process. | three-step |
| Who in each institution usually receives complaints, investigates them, and makes decisions? | staff member or committee |
| Probably the most difficult situation to resolve is what? | alleged brutality by a guard |
| Inmate-grievance procedures also serve as a what? | management tool |
| a public official who investigates complaints against government officials and recommends corrective measures | ombudsman |
| a consensual and voluntary process in which a neutral third party assists disputants in reconciling their differences | mediation |
| intervention in a dispute by a third party to whom the parties in conflict submit their differences for resolution and whose decision is binding on both parties | mediation |
| In what case did the U.S. Supreme Court rule that while the death penalty was constitutional, the way it was used constituted cruel and unusual punishment? | Furman v. Georgia 1972 |
| Under what case/decision did the states must have "bifurcated" hearings to determine guilt and the proper sentence? | Gregg v. Georgia 1976 |
| In what case did the Court rule that juries, rather than judges, must make the crucial factual decision on whether a convicted murderer should receive the death penalty? | Ring v. Arizona 2002 |
| In what case were a majority of the Justices decide that offenders cannot be sentenced to death for a crime they committed before they reached the age of 18? | Roper v. Simmons 2005 |
| In what case did the Supreme Court rule in a 5-4 decision that a capital sentence where the crime did not involve murder was in violation of the 8th and 14th amendments? | Kennedy v. Louisiana 2008 |
| More than ______ of Caucasians are on death row? | 1/2 |
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