Chapter 14: Legal Issues in Corrections

Test Bank

Multiple Choice

1. Who said that civilizations can be judged by the way in which they treat their prisoners?

a. Winston Churchill

b. Thomas Payne

c. Plato

d. Jesus Christ

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

have for prisoners’ rights Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

2. Who is credited with the idea of the rule of law?

a. Winston Churchill

b. Thomas Payne

c. Plato

d. Jesus Christ

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

3. Which of the following individuals first claimed “no one is above the law”?

a. Caesar

b. Plato

c. Alexander the Great

d. Socrates

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

4. Which of the following is an element of the rule of law?

a. A nation must recognize the supremacy of certain fundamental values and principles.

b. Certain fundamental values and principles must be committed to writing.

c. A system of procedures to hold the government to certain fundamental values and principles must be in place.

d. All of these are correct.

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

5. Which early court case allowed for prisons to keep inmates in a slave-like “state of penal servitude”?

a. Ruffin v. Commonwealth

b. Ex parte Hull

c. Cooper v. Pate

d. Bell v. Wolfish

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Medium

6. Which early Supreme Court case ruled that prisoners did not even enjoy the protections of the Eighth Amendment?

a. Turner v. Safley

b. Wolff v. McDonnell

c. Pervear v. Massachusetts

d. Kansas v. Hendricks

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Medium

7. The ______ doctrine is the hesitancy of the judiciary to interfere with the management and administration of prisons.

a. reformatory

b. capital

c. hands-off

d. slavery

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Easy

8. State statutes that cause convicts to lose the right to vote, to hold public office, and even to marry are referred to as ______.

a. civil death statutes

b. habeas corpus statutes

c. slavery statutes

d. culture of fear statutes

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice.

Cognitive Domain: Knowledge

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Easy

9. When did the Prisoners’ Rights period begin?

a. 1866

b. 1964

c. 1978

d. 1983

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

10. Habeas corpus literally means ______.

a. “You have the body.”

b. “court order”

c. “petition of the accused”

d. “fair trial”

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

11. The Bill of Rights comprise the first ______ amendments to the U.S. Constitution.

a. 5

b. 10

c. 15

d. 20

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

12. The broadest mechanism for state prison inmates to sue state officials in federal court regarding their confinement and their conditions of confinement is ______.

a. an amicus brief

b. a civil rights claim

c. a writ of habeas corpus

d. a section 1983 suit

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

13. In which case did the U.S. Supreme Court rule in 1941 that inmates have the right to unrestricted access to federal courts to challenge the legality of their confinement?

a. Ruffin v. Commonwealth

b. Ex parte Hull

c. Cooper v. Pate

d. Bell v. Wolfish

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Medium

14. A writ of habeas corpus ______.

a. challenges the legality of confinement

b. produces probable cause

c. imposes punishment without a trial

d. makes an act criminal after the fact

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

15. The prohibition of bills of attainder addresses ______.

a. challenging the legality of confinement

b. producing probable cause

c. imposing punishment without a trial

d. making an act criminal after the fact

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

16. In which case did the U.S. Supreme Court rule that prisoners can use a writ of habeas corpus to challenge the conditions of their confinement, as well as the legality of their confinement?

a. Ruffin v. Commonwealth

b. Ex parte Hull

c. Cooper v. Pate

d. Bell v. Wolfish

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Medium

17. Which court case is widely considered to be the one that signaled the onset of the deference period?

a. Ruffin v. Commonwealth

b. Ex parte Hull

c. Cooper v. Pate

d. Bell v. Wolfish

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Medium

18. The prohibition of ex post facto addresses ______.

a. challenging the legality of confinement

b. producing probable cause

c. imposing punishment without a trial

d. making an act criminal after the fact

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Deference Period: 1997–Present

Difficulty Level: Easy

19. The ______ was a partial return to the hands-off period.

a. civil rights movement

b. war on drugs

c. deference period

d. Jim Crow era

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Deference Period: 1997–Present

Difficulty Level: Easy

20. Which court case signaled the start of the deference period?

a. Bell v. Wolfish

b. Wolff v. McDonnell

c. Sandin v. Conner

d. Kansas v. Hendricks

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Deference Period: 1997–Present

Difficulty Level: Medium

21. The First Amendment grants the right to ______.

a. health care

b. parole

c. religion

d. all of these

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: First Amendment

Difficulty Level: Easy

22. The ruling in ______ affirmed to the right of an inmate to hand out Black Muslim literature that was considered dangerous by prison authorities.

a. Bell v. Wolfish

b. Wolff v. McDonnell

c. Sandin v. Conner

d. Cooper v. Pate

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: First Amendment

Difficulty Level: Medium

23. The Fourth Amendment does not apply universally to inmates because ______.

a. the safety of prisoners is paramount

b. inmates do not have the right to profit

c. maliciously and sadistically applied punishment is difficult to prove

d. what is reasonable within the walls of prison may be different than what is reasonable beyond those walls

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

24. Which amendment bans unreasonable searches?

a. First

b. Fourth

c. Eighth

d. Fourteenth

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

25. In terms of cross-gender search complaints, ______.

a. men are more likely than women to file them

b. women are more likely than men to file them

c. both men and women file them at an equal rate

d. women are the only ones with the legal right to file them

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

26. Due to restrictions on searches, correctional authorities have not been able to stop the growing problem of ______ by inmates.

a. threatening communications

b. tax fraud

c. drug trafficking

d. possession of pornographic materials

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

27. The Supreme Court ruled that the viewing of exposed opposite-sex inmates is ______.

a. unconstitutional due to privacy rights

b. constitutional when reasonably related to legitimate penal interests

c. unconstitutional due to double standards

d. constitutional due to equal opportunity in employment

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

28. The double standard in cross-gender searches is justified on all of the following assumptions EXCEPT ______.

a. males do not experience loss of job opportunities if they are forbidden to frisk females

b. intimate touching of a female inmate by a male officer may cause psychological trauma

c. many female inmates have histories of sexual abuse

d. females are statistically less likely to abuse the search process

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

29. In which case did the U.S. Supreme Court enunciate what is now known as the balancing test, meaning that courts must balance the rights of inmates against the penological concerns of security and order?

a. Turner v. Safley

b. Wolff v. McDonnell

c. Sandin v. Conner

d. Kansas v. Hendricks

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Medium

30. Prison officials ______ prisoners’ tax returns for fraudulent claims.

a. must inspect

b. are allowed to inspect

c. are not allowed to inspect

d. none of these

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

31. Which amendment ensures a right to privacy?

a. First

b. Fourth

c. Fourteenth

d. none of these

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

32. In a Bureau of Justice Statistics report on inmate mortality in state prisons, prisoners between 15 and 64 years of age had a mortality rate ______ than that of the U.S. general population.

a. 22.5% higher

b. 12% higher

c. 4.8% lower

d. 19% lower

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

33. Inmates are the only Americans with a constitutional right to ______.

a. habeas corpus

b. an indigent defense

c. health care

d. none of these

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

34. The Eighth Amendment has been interpreted to mean that inmates have a right to ______.

a. privacy

b. free speech

c. assembly

d. health care

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

35. ______ occurs when prison officials know of, but disregard, an obvious risk to an inmate’s health or safety.

a. Inmate neglect

b. Deliberate indifference

c. Passive aggression

d. Liable ignorance

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

36. Which constitutional amendment forbids cruel and unusual punishment?

a. First

b. Fourth

c. Eighth

d. Fourteenth

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

37. According to the Supreme Court, cruel and unusual punishment is ______.

a. malicious

b. purposefully harmful

c. sadistic

d. All of these

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

38. Interpretation of the Eighth Amendment requires that prison officials provide for all of the following EXCEPT ______.

a. educational programming

b. medical attention

c. food

d. protection from sexual abuse

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

39. The rate of sexual assault in prisons is statically ______ the rate on the outside.

a. higher than

b. lower than

c. the same as

d. much higher than

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

40. In which case did the U.S. Supreme Court rule that, although inmates are not entitled to the same due process rights as an accused but unconvicted person on the outside, they are entitled to some due process rights?

a. Turner v. Safley

b. Wolff v. McDonnell

c. Sandin v. Conner

d. Kansas v. Hendricks

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourteenth Amendment

Difficulty Level: Medium

41. In which case did the U.S. Supreme Court rule that due process rights for inmates are not triggered by disciplinary actions that do not result in the loss of “good time”?

a. Turner v. Safley

b. Wolff v. McDonnell

c. Sandin v. Conner

d. Kansas v. Hendricks

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourteenth Amendment

Difficulty Level: Medium

42. Which amendment contains the due process clause?

a. First

b. Fourth

c. Eighth

d. Fourteenth

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourteenth Amendment

Difficulty Level: Easy

43. What percentage of sex offenders are confined under civil commitment procedures?

a. 1–2%

b. 4–5%

c. 9–10%

d. 13–14%

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Knowledge

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Easy

44. In 1997, the Supreme Court upheld Kansas’s Sexually Violent Predator Act, which allowed for civil commitment to be used ______.

a. for long-term and convicted offenders

b. in lieu of prison

c. to further imprison inmates convicted of sex crimes past their full prison term

d. to avoid due process

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Knowledge

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Easy

45. The Antiterrorism and Effective Death Penalty Act ______.

a. was enacted to prosecute terrorists following 9/11

b. effectively limited prisoners’ right to habeas corpus

c. made legal the death penalty for domestic terrorists

d. eliminated domestic terrorists’ right to a fair trial

Learning Objective: 14-5: Know how and why prisoners’ petitions have been curtailed.

Cognitive Domain: Knowledge

Answer Location: Curtailing Prisoner Petitions

Difficulty Level: Easy

46. The Prison Litigation Reform Act was enacted to ______.

a. provide prisoners with habeas corpus rights

b. allow prisoners the right to petition

c. place state prisons under the supervision of the federal system

d. limit prisoners’ access to federal courts

Learning Objective: 14-5: Know how and why prisoners’ petitions have been curtailed.

Cognitive Domain: Knowledge

Answer Location: Curtailing Prisoner Petitions

Difficulty Level: Easy

47. In 2015, there were ______ prisoner petitions, indicating that they are climbing dramatically again.

a. 73,406

b. 68,238

c. 52,531

d. 24,519

Learning Objective: 14-5: Know how and why prisoners’ petitions have been curtailed.

Cognitive Domain: Knowledge

Answer Location: Curtailing Prisoner Petitions

Difficulty Level: Easy

48. In ______, the Supreme Court ruled that probationers facing revocation should have the opportunity to challenge evidence by cross-examining state witnesses.

a. Bell v. Wolfish

b. Wolff v. McDonnell

c. Morrissey v. Brewer

d. Mempa v. Rhay

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Medium

49. The court case ______ confirmed the importance of liberty interest in parole cases.

a. Bell v. Wolfish

b. Wolff v. McDonnell

c. Morrissey v. Brewer

d. Mempa v. Rhay

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Medium

50. Probationers and parolees waive their rights under which amendment?

a. First

b. Fourth

c. Eighth

d. Fourteenth

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Easy

True/False

1. Winston Churchill said, “I see that the state in which the law is above the rulers, and the rulers are the inferiors of the law, has salvation, and the very blessings which the Gods can confer.”

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

2. In 2008, an estimated 1 of every 100 adults were in jail or prison in the United States.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Rule of Law

Difficulty Level: Easy

3. The hands-off doctrine articulates the reluctance of the judiciary to interfere with the management and administration of prisons.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Easy

4. In Cooper, the Supreme Court ruled that state prison inmates could sue state officials in federal courts under the Civil Rights Act of 1871.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

5. Inmates have the legal right to challenge the legality of their confinement but not the conditions of their confinement.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

6. The Bill of Rights contains all of the personal rights granted by the U.S. Constitution.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

7. Ex parte refers to situations in which the prosecution fails to bring forth probable cause before the court.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Prisoners’ Rights Period: 1964–1978

Difficulty Level: Easy

8. Habeas corpus literally means “you have the body.”

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Knowledge

Answer Location: The Deference Period: 1997–Present

Difficulty Level: Easy

9. Freedom of speech allows inmates to write, publish, and sell books as long as they do not profit from them.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: First Amendment

Difficulty Level: Easy

10. Freedom of speech for prisoners can be limited on moral or ethical grounds.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: First Amendment

Difficulty Level: Easy

11. The First Amendment guarantees freedom from search and seizure.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: First Amendment

Difficulty Level: Easy

12. The majority of cross-gender search complaints are filed by male inmates.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

13. An argument for gender-specific standards, on the basis of prior sexual abuse, is that cross-gender searches have the potential to replicate the suffering of prior sexual abuse in prison.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

14. The Fourth Amendment protection from unreasonable searches and seizures is seen differently when an offender is inside a prison.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

15. The Fourth Amendment bans cruel and unusual punishment.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourth Amendment

Difficulty Level: Easy

16. Because inmates are in prison to be punished, the Eighth Amendment does not apply to them.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

17. The Eighth Amendment prohibits unreasonable searches and seizures.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Eighth Amendment

Difficulty Level: Easy

18. The Fourteenth Amendment has been used to provide due process rights to offenders.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Fourteenth Amendment

Difficulty Level: Easy

19. Kansas’s Sexually Violent Predator Act is criminal law rather than civil law.

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Knowledge

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Easy

20. The Supreme Court has ruled the use of civil commitment laws against sex offenders to be unconstitutional.

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Knowledge

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Easy

21. In 2012, prisoner petitions climbed dramatically to over double what they were in 2000, but there were still fewer than in 1996.

Learning Objective: 14-5: Know how and why prisoners’ petitions have been curtailed.

Cognitive Domain: Knowledge

Answer Location: Curtailing Prisoner Petitions

Difficulty Level: Easy

22. Between 1996 and 2000, there was only a 20% drop in prisoner petitions.

Learning Objective: 14-5: Know how and why prisoners’ petitions have been curtailed.

Cognitive Domain: Knowledge

Answer Location: Curtailing Prisoner Petitions

Difficulty Level: Easy

23. The Prisoners’ Rights period extended rights to offenders under community supervision.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Easy

24. Even after being released from prison, some ex-offenders do not regain the rights they had prior to conviction.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Easy

25. Probationers waive their rights under the Eighth Amendment.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Knowledge

Answer Location: Legal Issues in Probation and Parole

Difficulty Level: Easy

Essay

1. Discuss what habeas corpus is and explain why it is significant.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Comprehension

Answer Location: The Deference Period: 1997–Present

Difficulty Level: Medium

2. Explain how the Constitution was used to justify the hands-off doctrine.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Analysis

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Medium

3. Explain what an inmate must prove in order to prevail in suits involving deliberate indifference.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Analysis

Answer Location: Eighth Amendment

Difficulty Level: Medium

4. Identify and explain the five due process rights guaranteed to inmates.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Comprehension

Answer Location: Fourteenth Amendment

Difficulty Level: Easy

5. Identify and explain the four amendments to the Constitution that are discussed in this chapter in relation to the rights of inmates

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Comprehension

Answer Location: Entire Chapter

Difficulty Level: Easy

6. Explain civil death statutes and their significance.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Analysis

Answer Location: The Rule of Law

Difficulty Level: Medium

7. Explain the balancing test created by the Court in the case of Turner v. Safley.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments

Cognitive Domain: Comprehension

Answer Location: Fourth Amendment

Difficulty Level: Medium

8. Explain what must be shown in order for liability to attach to prison officials for inmate-inmate assaults.

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Analysis

Answer Location: Eighth Amendment

Difficulty Level: Medium

9. How has the case of Kansas v. Hendricks affected the way sex offenders are handled in the system?

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Comprehension

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Medium

10. Discuss the rule of law (including its three irreducible elements) and explain why you believe it is significant.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Analysis

Answer Location: The Rule of Law

Difficulty Level: Medium

11. Explain the basis and impact of the hands-off doctrine. Include examples of this doctrine in practice.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Comprehension

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Medium

12. Do you agree or disagree with the civil commitment of sex offenders? Explain your reasoning.

Learning Objective: 14-4: Identify issues involved with the civil commitment of sex offenders.

Cognitive Domain: Analysis

Answer Location: The Civil Commitment of Sex Offenders

Difficulty Level: Hard

13. Discuss a progression away from the hands-off doctrine and the establishment of prisoner key rights. Be sure to include relevant cases.

Learning Objective: 14-2: Know the different legal “periods” identified in terms of prisoners’ rights.

Cognitive Domain: Comprehension

Answer Location: The Hands-Off Period: 1866–1963

Difficulty Level: Medium

14. In what area have Fourth Amendment rights not been completely extinguished for inmates? Why is this an issue?

Learning Objective: 14-3: Identify issues and cases involving the First, Fourth, Eighth, and Fourteenth Amendments.

Cognitive Domain: Analysis

Answer Location: Fourth Amendment

Difficulty Level: Medium

15. Using supporting information from the text, discuss whether you feel that inmates should be allowed to bring federal suits against prisons.

Learning Objective: 14-1: Understand what relevance Packer’s (1997) two models of criminal justice have for prisoners’ rights.

Cognitive Domain: Analysis

Answer Location: Entire Chapter

Difficulty Level: Hard