corrections chapter 8- prisoners rights

The principle of least eligibility states that __________.

a. inmates are criminals who have harmed others and must pay for their crimes

b. because they are incarcerated, prisoners should have a better life than the least honest citizen

c. inmates are humans who are being punished, but punishment should not be punishing

d. every honest citizen should have a better life than prisoners

d. every honest citizen should have a better life than prisoners

How do the legalistic view and crime control view of prisoners' rights differ?

a. The legalistic view states that inmates have rights derived from the law, while the crime control view states that inmates have forfeited their rights by committing crime.

b. The legalistic view states that inmates are humans, and the punishment for their crimes should not be punishing, while the crime control view states that inmates have rights derived from the law

c. The legalistic view states that inmates have forfeited their rights by committing crime, while the crime control view states that inmates have rights derived from the law.

d. The legalistic view holds that inmates have rights derived from the law, and the crime control view holds that inmates are humans who shouldn't undergo punishing incarceration for committing a crime.

a. The legalistic view states that inmates have rights derived from the law, while the crime control view states that inmates have forfeited their rights by committing crime.

Which view of prisoners' rights suggests that inmates will be more quickly rehabilitated and less contentious if provided the same rights and privileges as citizens while incarcerated?

a. hands-off doctrine

b. legalistic

c. crime control

d. humanistic

d. humanistic

A legal claim by an individual or group of individuals that another individual, a corporation, or the state has a duty to fulfill is __________.

a. an amendment

b. the Bill of Rights

c. a statute

d. a right

d. a right

Those who hold the natural rights view believe that all laws not consistent with natural rights should __________.

a. be enforced

b. not survive

c. be rewritten

d. be strengthened

b. not survive

How do the terms procedural law and substantive law differ?

a. Substantive law defines civil rights and responsibilities, while procedural law defines crimes, punishments, and the process for trying and punishing someone who breaks the law.

b. Substantive law defines crimes and punishments; procedural law defines the process for the pretrial and trial of offenders.

c. Substantive law defines crimes and governs the pretrial process; procedural law comprises the rules for trying and punishing a criminal.

d. Substantive law refers to the rules and procedures of the criminal justice system; procedural law defines crimes

b. Substantive law defines crimes and punishments; procedural law defines the process for the pretrial and trial of offenders

Which amendment to the Bill of Rights delegates powers to individual states NOT delegated to the U.S. government?

a. Tenth Amendment

b. Sixth Amendment

c. Fourth Amendment

d. Fourteenth Amendment

a. tenth amendment

Statutes can be a mechanism for __________.

a. federal governments to write laws denying writes granted in the U.S. Constitution

b. state governments to grant more rights to inmates than exist in state constitutions or the U.S. Constitution

c. state governments to write laws dealing with federal issues

d. federal governments to write laws that apply to particular state jurisdictions

b. state governments to grant more rights to inmates than exist in state constitutions or the U.S. Constitution

A decision that establishes an important principle or changes existing understanding of that principle is called __________.

a. habeas corpus

b. a writ

c. case law

d. landmark decision

d. landmark decision

A writ of habeas corpus brings a person before a judge for __________.

a. a pretrial hearing

b. trial

c. sentencing

d. a determination of the legality of his or her confinement in custody

d. a determination of the legality of his or her confinement in custody

A review of the court decisions on inmates' rights shows a clear grouping of how many phases of prisoners' rights?

a. five

b. two

c. four

d. three

d. three

The judicial policy that described the court's reluctance to intervene in the correctional system was called the _________.

a. slave-of-the-state doctrine

b. hands-off doctrine

c. hands-on doctrine

d. restraining hands doctrine

b. hands-off doctrine

Compare the hands-off doctrine to the restraining hands doctrine.

a. The hands-off doctrine was formulated during a period of great reform when the courts were very involved in ruling on prisoners' rights, while the restraining hands doctrine of the Supreme Court gave correctional administrators freedom from excessive lower-court interference.

b. The hands-off doctrine held that inmates were entitled to the same constitutional protections as citizens, while the restraining hands doctrine of the Supreme Court gave correctional administrators freedom from excessive lower-court interference.

c. The hands-off doctrine held that inmates were not entitled to the same constitutional protections as citizens, while the restraining hands doctrine of the Supreme Court gave correctional administrators freedom from excessive lower-court interference.

d. The hands-off doctrine held that inmates were not entitled to the same constitutional protections as citizens, while the restraining hands doctrine of the Supreme Court became very involved in rulings on prisoners' rights cases.

c. The hands-off doctrine held that inmates were not entitled to the same constitutional protections as citizens, while the restraining hands doctrine of the Supreme Court gave correctional administrators freedom from excessive lower-court interference.

What law attempted to reduce the number of federal causes of action brought for damages and other relief?

a. the Institutionalized Persons Act

b. the Prison Litigation Reform Act

c. Section 1983

d. the Civil Rights Act of 1871

b. the Prison Litigation Reform Act

The law that allows individuals, including inmates, to bring civil action against the government for the denial of their civil rights is referred to as __________.

a. Statute 42

b. Section 1963

c. a writ of habeas corpus

d. Section 1983

d. Section 1983

The court has held that an inmate's right to practice religion must be upheld EXCEPT when __________.

a. religious practice inconveniences corrections officials

b. religious needs threaten institutional security

c. the religion practiced is not a mainstream religion

d. an inmate's cellmate complains

b. religious needs threaten institutional security

The U.S. Supreme Court case that defined the criteria for determining whether regulating inmate correspondence violates First Amendment protections was __________.

a. Shaw v. Murphy

b. Pell v. Procunier

c. Goodwin v. Oswald

d. Procunier v. Martinez

d. Procunier v. Martinez

Inmates who develop an expertise in criminal law and who help other inmates prepare their cases are called __________.

a. jailbirds

b. defense attorneys

c. pro bono lawyers

d. jailhouse lawyers

d. jailhouse lawyers

The Fourth Amendment __________.

a. bars illegal searches and seizures

b. bars excessive bail or fines

c. guarantees the right to a speedy trial

d. grants freedom of assembly

a. bars illegal searches and seizures

The Religious Freedom Restoration Act (RFRA) shifted the burden of proving that restricting inmates' right to exercise religious freedom interfered with institutional security and disciple from __________.

a. prisoners to the judiciary

b. the judiciary to prisoners

c. prison officials to the judiciary

d. prisoners to prison officials

d. prisoners to prison officials

In what year did a court finally decide that whipping a prisoner with a leather strap constituted cruel and unusual punishment?

a. the mid-1960s

b. 1980

c. the mid-1930s

d. 2008

a. the mid-1960s

What was the standard that courts used to decide whether to hear cases regarding inmates' right to medical treatment in early prisons in the United States?

a. hands-off doctrine

b. exceptional circumstances doctrine

c. principle of least eligibility

d. restraining hands doctrine

b. exceptional circumstances doctrine

How does a prisoner's right to medical treatment in early prisons compare to today's prisons?

a. In early prisons, courts would only hear cases where there was a total disregard for human dignity; today, inmates are guaranteed medical care when there is a serious medical need.

b. In early prisons, courts would only hear cases where there was a total disregard for human dignity; today, inmates' rights to medical treatment are similarly restricted.

c. In early prisons, courts heard and decided individually on all cases where inmates claimed medical mistreatment; today, inmates are guaranteed medical care when there is a serious medical need.

d. In early prisons, inmates were guaranteed medical care when there was a serious medical need; today, courts will only hear cases where there is a total disregard for human dignity.

a. In early prisons, courts would only hear cases where there was a total disregard for human dignity; today, inmates are guaranteed medical care when there is a serious medical need.

A formalized arrangement whereby inmates register their complaints about the conditions of their incarceration is called __________.

a. grievance process

b. prisoners' union

c. corrections trustees

d. ombudsman program

a. grievance process

despite gains by inmates in the past 40 years, how has the political landscape changed?

a. A movement toward a more humanistic view of prisoners' rights is currently underway in the correctional system.

b. The federal courts are as actively involved in prisoners' rights as they were in the 1960s.

c. Prison unions have limited prisoners' abilities to speak on their own behalf.

d. The Prison Litigation Reform Act limits prisoners' abilities to sue for violations of constitutional rights.

d. The Prison Litigation Reform Act limits prisoners' abilities to sue for violations of constitutional rights.