Ch.3 Exam Questions Correctional Law And Legal Liabilities - Intro to Abnormal Child Adolescent Psychology Answers by Robert D. Hanser. DOCX document preview.
Chapter 3: Correctional Law and Legal Liabilities
Test Bank
Multiple Choice
1. The clear beginning of the end for the hands-off doctrine occurred in the 1941 Supreme Court case of ______.
a. Ex parte Hull
b. Ex parte Pelzer
c. Hope v. Pelzer
d. Cooper v. Pate
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
2. Which court case validated and made clear the right of inmates to sue prison systems and prison staff under the Civil Rights Act of 1871?
a. Ex parte Hull
b. Cooper v. Pate
c. Turner v. Safley
d. Mapp v. Ohio
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
3. In the case of Turner v. Safley, the court held that prison regulations must be based on key elements of what are known as the rational basis test. Which of the following is a key rational element?
a. There must be a rational and a clear connection between the regulation and the reason that is given for that regulation’s existence.
b. Inmates must be given alternative means to practice a given right that has been restricted, when feasible.
c. The means by which prison staff and inmates are affected must be kept as minimal as realistically possible.
d. All of these are key elements for a rational basis test.
Learning Objective: 3.2: Identify key rights inmates possess.
REF: Cognitive Domain: Application
Answer Location: The Emergence of Inmate Rights
Difficulty Level: Medium
4. Which court case ruling permitted that a prison cell may be searched without a warrant and without probable cause since prison cells are not protected by the Fourth Amendment?
a. Holt v. Hobbs
b. Lanza v. New York
c. Hudson v. Palmer
d. Bell v. Wolfish
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
5. Which court case ruling found that inmates must be given reasonable opportunities to exercise their religious beliefs?
a. Holt v. Hobbs
b. Lanza v. New York
c. Hudson v. Palmer
d. Cruz v. Beno
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Easy
6. Which court case ruling held that depriving an inmate of attending a religious service for “legitimate penological interests” was not a violation of the inmate’s First Amendment rights?
a. Cruz v. Beno
b. Hudson v. Palmer
c. Cruz v. Estate of Reynolds
d. O’Lone v. Estate of Shabazz
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Comprehension
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Medium
7. Which court ruling found that verbal and written conversations in jail (and prison) visitation rooms do not enjoy any Fourth Amendment privacy safeguards?
a. Lanza v. New York
b. Cruz v. Beno
c. Bell v. Wolfish
d. Hudson v. McMillian
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Comprehension
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Medium
8. In the case of Brown v. Plata (2011), the court found that overcrowding in the ______ Department of Corrections and Rehabilitation (CDCR) was unconstitutional.
a. Texas
b. California
c. Georgia
d. New Jersey
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Comprehension
Answer Location: Eighth Amendment Cases in Corrections
Difficulty Level: Medium
9. In the case of Procunier v. Martinez (1974), the court found that prison official may censor inmate ______ only to the extent necessary to ensure security of the institution.
a. visits
b. mail
c. lawyers
d. religious freedoms
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Comprehension
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Medium
10. In the case of Hutto v. Finney (1978), several principles were found to be in violation of the Eighth Amendment. Which of the following was not one of the principles mentioned by the court?
a. Courts should consider the totality of the conditions of confinement.
b. Courts should make a point to specify each individual factor that contributed to this totality of conditions that were found to be unconstitutional, with clear orders for remediation and changes.
c. When and where possible, courts should articulate the minimal standards necessary for an institution to remedy the constitutional violation.
d. Courts should allow multimedia use by inmates in confinement.
Learning Objective: 3.2: Identify key rights inmates possess. | 3.3 Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Application
Answer Location: Eighth Amendment Cases in Corrections
Difficulty Level: Hard
11. A(n) ______ involves the actor, whether expressed or implied, was judged to have possessed intent or purpose to cause an injury.
a. unintentional tort
b. civil wrong
c. accident
d. intentional tort
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: Torts
Difficulty Level: Easy
12. ______ involves some form of slander or libel that damages a person’s reputation.
a. Insult
b. Intentional tort
c. Defamation
d. Slur
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: Torts
Difficulty Level: Easy
13. Which category of liability would “bullying” or verbal abuse of an inmate fall under?
a. slander
b. emotional distress
c. physical distress
d. brutal distress
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Comprehension and Analysis
Answer Location: Torts
Difficulty Level: Hard
14. In the case of Estelle v. Gamble (1976), it was found that deliberate indifference to an inmate’s ______ needs constitutes cruel and unusual punishment and is a violation of the Eighth Amendment.
a. medical
b. social
c. mental
d. all of these
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff. | 3.6 Explain how prisons have had to change to comply with judicial orders.
REF: Cognitive Domain: Comprehension
Answer Location: Torts
Difficulty Level: Medium
15. Which court ruling determined that body cavity searches of inmates after contact visits is permissible, as are searches of inmates’ quarters in their absence?
a. Estelle v. Gamble
b. Baxter v. Palmigiano
c. Bell v. Wolfish
d. Vitek v. Jones
Learning Objective: 3.6: Explain how prisons have had to change to comply with judicial orders. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Medium
16. The ______ was initially passed through Congress with the intent of preventing the wave of frivolous lawsuits that had been filed by inmates in federal court.
a. Prison Litigation Reform Act (PLRA)
b. Jail Reform Act (JRA)
c. Prison and Jail Law Reform Act (PJLR)
d. Prison Lawsuit Law (PLL)
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Prison Litigation Reform Act (PLRA)
Difficulty Level: Easy
17. Which court case ruling found that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents?
a. Johnson v. Williams
b. Johnson v. Avery
c. Estelle v. Gamble
d. Vitek v. Jones
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Courts and Attorneys
Difficulty Level: Easy
18. Which amendment issues address unreasonable searches and seizures of persons and their things? In prisons, this tends to involve invasive searches of inmates and/or their property that inmates believe should be protected.
a. First
b. Second
c. Fourth
d. Ninth
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
19. The policy of the Supreme Court and the lower courts of avoiding intervention in prison operations is generally known as the ______ and was based on two primary premises.
a. hands-off doctrine
b. hands-on doctrine
c. hands-free doctrine
d. freedom doctrine
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Hands-Off Doctrine
Difficulty Level: Easy
20. The term ______ refers to a challenge of the legality of confinement and is a Latin term that means “you have the body.”
a. guilty
b. civil liability
c. habeas corpus
d. tort
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
21. Which court case determined that prison systems must provide inmates with law libraries or professional legal assistance?
a. Johnson v. Avery
b. Estelle v. Gamble
c. Gregg v. Georgia
d. Bounds v. Smith
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Law Libraries
Difficulty Level: Easy
22. ______ is a term used to note that when a person commits a wrongful action or fails to act when they had a duty to do so, they can be held legally accountable.
a. Tort
b. Wrongdoing
c. Liability
d. Responsibility
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: State and Federal Legal Liabilities
Difficulty Level: Easy
23. A ______ is an inmate who becomes skilled at generating legal complaints and grievances within the prison system.
a. writ writer
b. habeas corpus
c. compliant
d. writ a corpus
Learning Objective: 3.2: Identify key rights inmates possess. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: The Writ Writer
Difficulty Level: Easy
24. In the case of ______, the court found that for claims of excessive force brought by pretrial detainees, it is only necessary to show that the force used was objectively unreasonable.
a. Mapp v. Ohio
b. Kingsley v. Hendrickson
c. Baxter v. Palmigiano
d. Bell v. Wolfish
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Fourth Amendment Cases in Corrections
Difficulty Level: Easy
25. In the case of Ruiz v. Estelle (1980), the court ruled that the ______ prison system was in violation of the prohibition against cruel and unusual punishments.
a. New York
b. Kansas
c. Maryland
d. Texas
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Comprehension
Answer Location: Eighth Amendment Case in Corrections
Difficulty Level: Medium
26. The Bounds v. Smith case determined that prison systems must provide inmates with ______ and/or professional legal assistance.
a. free phone calls
b. paid defense attorneys
c. health care
d. law libraries
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Law Libraries
Difficulty Level: Easy
27. Which case held that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents?
a. Johnson v. Avery
b. Estelle v. Gamble
c. Bounds v. Smith
d. Smith v. Hawkins
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Courts and Attorneys
Difficulty Level: Easy
28. In the ______ case, the court held that any inmate who alleges a violation of Bounds must show that shortcomings in the prison’s library or services for assistance caused an actual harm or injury that was directly attributable to the inmate’s inability to pursue legitimate legal claims.
a. Estelle v. Gamble
b. Lewis v. Casey
c. Martin v. Lewis
d. Mapp v. Ohio
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Law Libraries
Difficulty Level: Easy
29. The infliction of ______ refers to acts (either intentional or negligent) that lead to emotional distress of the client.
a. emotional distress
b. emotional response
c. elevated response
d. elevated discourse
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: Torts
Difficulty Level: Easy
30. A nonmonetary award that is occasionally granted is the ______, which is a judicial determination of the legal rights of the person bringing suit.
a. civil tort
b. wrong doing
c. criminal tort
d. declaratory judgment
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Types of Damages
Difficulty Level: Easy
31. The ______ case determined that prison systems must provide inmates with law libraries and/or professional legal assistance.
a. Bounds v. Smith
b. Gregg v. Georgia
c. Furman v. Georgia
d. Smith v. Taylor
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Law Libraries
Difficulty Level: Easy
32. In the case of Kingsley v. Hendrickson, the court found that for claims of ______ brought by pretrial detainees, it is only necessary to show that the force used was objectively unreasonable.
a. discrimination
b. disparity
c. excessive force
d. sexual harassment
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Fourteenth Amendment Cases in Corrections
Difficulty Level: Easy
33. In the case of Bell v. Wolfish, the court ruling determined that ______searches of inmates after contact visits is permissible.
a. body cavity
b. frisks
c. simple
d. strip down
Learning Objective: 3.6: Explain how prisons have had to change to comply with judicial orders. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Medium
34. ______ court case ruling found that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents.
a. Johnson v. Williams
b. Johnson v. Avery
c. Estelle v. Gamble
d. Vitek v. Jones
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Access to Courts and Attorneys
Difficulty Level: Easy
35. The term habeas corpus refers to a challenge of the legality of confinement and is a _____ term that means “you have the body.”
a. English
b. Latin
c. French
d. Russian
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
36. The clear beginning of the end for the hands-off doctrine occurred in the ____ Supreme Court case of Ex parte Hull.
a. 1999
b. 1903
c. 1962
d. 1941
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
37. Cooper v. Pate validated and made clear the right of inmates to sue prison systems and prison staff under the ______.
a. Prison Litigation Act of 1995
b. Jail Reform Act of 1923
c. Lawful Prison Act of 1908
d. Civil Rights Act of 1871
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Easy
38. Under Hudson v. Palmer the courts permitted that a prison cell may be searched without a warrant and without probable cause since prison cells are not protected by the _____ Amendment.
a. First
b. Fifth
c. Sixth
d. Fourth
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
39. Liability is a term used to note that when a person commits a(n) ______ action or fails to act when they had a duty to do so, they can be held legally accountable.
a. rightful
b. wrongful
c. unknown
d. liable
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: State and Federal Legal Liabilities
Difficulty Level: Easy
True/False
1. The policy of the Supreme Court and the lower courts of avoiding intervention in prison operations is generally known as the hands-off doctrine.
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: The Hands-Off Doctrine
Difficulty Level: Easy
2. The right to practice religion in prison was strengthened through the Religious Land Use and Institutionalized Persons Act of 2000.
Learning Objective: 3.2: Identify key rights inmates possess.
REF: Cognitive Domain: Knowledge
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Easy
3. The case of Cooper v. Pate provided guidelines for minimal due process rights that should be afforded inmates facing disciplinary proceedings.
Learning Objective: 3.2: Identify key rights inmates possess.
REF: Cognitive Domain: Knowledge
Answer Location: Fourteenth Amendment Cases in Corrections
Difficulty Level: Easy
4. A consent decree is an injunction, but with the plaintiff and the agency both being involved.
Learning Objective: 3.2: Identify key rights inmates possess. | 3.3 Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Consent Decree
Difficulty Level: Easy
5. In the case of Lanza v. New York, the court found that verbal and written conversations in jail (and prison) visitation rooms do not enjoy any Fourth Amendment privacy safeguards.
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.2: Fourth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
6. The totality of circumstances has been modified in prison law to consist of the totality of the conditions, to determine if conditions in an institution are in violation of the Eighth Amendment.
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Eighth Amendment Cases in Corrections
Difficulty Level: Easy
7. Slander is verbal communication intended to lower the reputation of a person where such facts would actually be damaging to a reputation.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Tort
Difficulty Level: Easy
8. In the case of Hobbs v. New York, the court found that inmates are entitled to due process in involuntary transfers from prison to a mental hospital.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Fourteenth Amendment Cases in Corrections
Difficulty Level: Easy
9. An injunction is a court order that requires an agency to take some form of action(s) or to refrain from a particular action(s).
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Injunctions and Court-Imposed Remedies
Difficulty Level: Easy
10. Punitive damages are payments for the actual losses suffered by a plaintiff.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Types of Damages
Difficulty Level: Easy
11. The good faith defense involves the person acted in the honest belief that the action taken was appropriate under the circumstances.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.5: Comparing State and Federal Lawsuits Against Community Supervision Officers
Difficulty Level: Easy
12. A compensation judgment involves a judicial determination of the legal rights of the person bringing suit.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Types of Damages
Difficulty Level: Easy
13. Qualified immunity is a legal immunity concept that shields correctional officers from lawsuits but first requires them to demonstrate the grounds for their possession of immunity.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Comprehension
Answer Location: Forms of Immunity and Types of Defenses
Difficulty Level: Medium
14. Negligence involves doing what a reasonably prudent person would not do in similar circumstances or failing to do what a reasonably prudent person would do in similar circumstances.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Torts
Difficulty Level: Easy
15. An unintentional tort involves the actor, whether expressed or implied, was judged to have possessed intent or purpose to cause an injury.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Torts
Difficulty Level: Easy
16. A malicious prosecution occurs when a criminal accusation is made without probable cause and for improper reasons.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Torts
Difficulty Level: Easy
17. In the case of Estelle v. Gamble (1976), it was found that deliberate indifference to an inmate’s social needs constitutes cruel and unusual punishment and is a violation of the Third Amendment.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff. | 3.6 Explain how prisons have had to change to comply with judicial orders.
REF: Cognitive Domain: Comprehension
Answer Location: Torts
Difficulty Level: Medium
18. In the case of Gregg v. Georgia (1976), the court held that death penalty statutes, which contain sufficient safeguards against arbitrary and capricious imposition, are constitutional.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.4: Fourteenth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
19. In the case of Gregg v. Georgia (1976), the court found that double celling of inmates does not, unto itself, constitute cruel and unusual punishment.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.3: Eighth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
20. In the case of Overton v. Bazzetta (2003), the court found that prison staff may restrict prison visitations so long as their actions are related to legitimate penological interests.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.3: Eighth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
21. The primary application of the Fourteenth Amendment to prison law issues has to do with procedural due process issues and issues related to equal protection.
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Knowledge
Answer Location: Fourteenth Amendment Cases in Corrections
Difficulty Level: Easy
22. In cases of legitimate religious actions, the government must show that substantially burdening the religious exercise of an individual is “the least restrictive means of furthering that compelling governmental interest.”
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Easy
23. Peacemaking criminology poses that crime is suffering and the ending of crime is only possible with the ending of suffering.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Applied theory 3.1. Peacemaking Criminology and Suffering Begets Suffering
Difficulty Level: Easy
24. The totality of the conditions is a standard used to determine if conditions in an institution are in violation of the Eighth Amendment.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Knowledge
Answer Location: Eighth Amendment Cases in Corrections
Difficulty Level: Easy
25. In the case of Gregg v. Georgia (1976), methods of implementing the death penalty are subject to suit under Section 1983 litigation.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.3: Eighth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
26. In the case of Estelle v. Gamble, methods of implementing the death penalty are subject to suit under Section 1983 litigation.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.3: Eighth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
Short Answer
1. What was the importance of Estelle v. Gamble? How did it change corrections?
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff. | 3.6 Explain how prisons have had to change to comply with judicial orders.
REF: Cognitive Domain: Comprehension
Answer Location: Torts
Difficulty Level: Medium
2. What is the importance of Cruz v. Beto? How did it change corrections?
Learning Objective: 3.3: Evaluate the application of the First, Fourth, Eighth, and Fourteenth Amendments of the Constitution to corrections.
REF: Cognitive Domain: Knowledge and Comprehension
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Easy
3. How does the Fourteenth Amendment relate to corrections?
Learning Objective: 3.7: Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Application
Answer Location: Fourteenth Amendment Cases in Corrections
Difficulty Level: Medium
4. What are the various types of damages that can be awarded through a civil tort case?
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995. | 3.5 Identify and discuss legal liabilities associated with correctional staff.
REF: Cognitive Domain: Analysis
Answer Location: Types of Damages
Difficulty Level: Hard
5. Explain the impact of the Prison Litigation Reform Act (PLRA) on corrections.
Learning Objective: 3.6: Explain how prisons have had to change to comply with judicial orders. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Comprehension
Answer Location: The Prison Litigation Reform Act of 1995
Difficulty Level: Medium
6. Discuss the findings of Ex parte Hull.
Learning Objective: 3.5: Identify and discuss legal liabilities associated with correctional staff. | 3.6 Explain how prisons have had to change to comply with judicial orders.
REF: Cognitive Domain: Comprehension
Answer Location: The Beginning of Judicial Involvement
Difficulty Level: Medium
7. Discuss the ruling of Overton v. Bazzetta in 2003.
Learning Objective: 3.4: Discuss the shift to a more restrained, hands-on approach and the impact of the Prison Litigation Reform Act of 1995.
REF: Cognitive Domain: Knowledge
Answer Location: Table 3.3: Eighth Amendment Prison Law Cases From the Supreme Court
Difficulty Level: Easy
Essay
1. Given the strict confines of the prison setting, it is no surprise that the First Amendment was the legal basis behind numerous forms of inmate redress. Define and discuss the First Amendment and how it is related to prisons and prison inmates. In addition, discuss at least three Supreme Court cases that have relevance to the First Amendment and the field of corrections.
Learning Objective: 3.6: Explain how prisons have had to change to comply with judicial orders. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Application
Answer Location: First Amendment Cases in Corrections
Difficulty Level: Medium
2. Describe and discuss the differences and similarities between the hands-on doctrine, the hands-off doctrine, and the one hand on, one hand off doctrine.
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Knowledge and Application
Answer Location: Hands-Off Doctrine
Difficulty Level: Medium
3. Explain the importance of the Turner v. Safley ruling. How did the court ruling affect corrections?
Learning Objective: 3.1: Describe the hands-off doctrine and its relevance to corrections.
REF: Cognitive Domain: Analysis
Answer Location: The Emergence of Inmate Rights
Difficulty: Hard
4. How should correctional institutions handle frivolous lawsuits?
Learning Objective: 3.6: Explain how prisons have had to change to comply with judicial orders. | 3.7 Apply legal principles to challenges in the field of corrections.
REF: Cognitive Domain: Comprehension
Answer Location: The Prison Litigation Reform Act of 1995
Difficulty: Medium
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Connected Book
Intro to Abnormal Child Adolescent Psychology Answers
By Robert D. Hanser