Correctional Law for the Correctional Officer 5th Edition Correctional Law for the Correctional Officer 5th Edition
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Course
M-100 COMMUNITY MANAGEMENT AND LEADERSHIP
Institution
M-100 COMMUNITY MANAGEMENT AND LEADERSHIP
Correctional Law for the Correctional Officer 5th Edition Correctional Law for the Correctional Officer 5th Edition Correctional Law for the Correctional Officer 5th Edition Correctional Law for the Correctional Officer 5th Edition Correctional Law for the Correctional Officer 5th Edition
Correctional Law for the
Correctional Officer 5th Edition
1. Question: The three periods or eras of court involvement with
corrections?:
Answer: Hands-off era
Hands-on era
One-hand-on and One-hand-off era
2. Question: List two factors that led to the courts first becoming
involved with correctional issues.:
Answer: Civil rights movement.
Poor correctional practices involving prisoners' rights on health care,
treatment by correctional staff, and the overall quality of life while in
prison
3. Question: What two major goals did Congress attempt to accomplish
in passing the Prison Litigation Reform Act?:
Answer: Make it more difficult for inmates to file civil rights law suits in
federal courts.
Limit the power of the federal court in ordering relief in inmate rights'
causes.
4. Question: Is the Supreme Court requiring lower courts to show
increased or decreased deference to the judgment of correctional
officers and administrators?:
,Answer: The Supreme Court requires lower courts to show increased
deference to the judgement of correctional officers and administrators.
5. Question: List three types of lawsuits most commonly filed by
inmates.:
Answer: Civil rights action (42 USC Section: 1983)
Habeas corpus actions
Tort suits
6. Question: True or False. A state cannot be sued directly in a civil
rights action.:
Answer: True.
A state cannot be sued directly in a civil rights action. Under 42 USC
section 1983, the suit must be against a "person," and the state is not a
person.
7. Question: Give one example of when a supervisor could be held liable
in a civil rights action, even if the supervisor did not take part directly
in the actions that led to the suit.:
Answer: A supervisor is aware of the constitutionally offensive acts done
to an inmate by another staff member, and fails to take action to correct
the situation, then the supervisor is liable by his or her inaction to take
remedial steps. Failure to train officers properly in constitutionally
sensitive areas also could be the basis of supervisory liability.
8. Question: Why is the right of access to the courts an important part of
America's legal system?:
Answer: Without the courts or some similar dispute-resolving body with
the power to enforce its decisions, rights would belong only to the
strongest, and any freedoms "guaranteed" by laws or the Constitution
would become futile if they are not enforced by a governing body.
, 9. Question: If an inmate is represented by appointed counsel in a
criminal case, why is this not necessarily sufficient access to the
courts?: appointed counsel often do not offer "meaningful access to
the courts" (as stipulated by the Bounds case) because they are
unable to provide the inmate with any advice or assistance outside of
the criminal case. Furthermore, once inmates are sentenced to jail or
prison, they are no longer represented by that counsel.
10. Question: What is the major vulnerability of an access-to-the-courts
system, which is built around books and other written materials?: is
access for the inmate with limited reading skills as well as the inmate
who has limited English-language skills.
11. Question: What is the most common institutional concern that may
justify restriction of an inmate's constitutional rights?: Answer:
Security of the institution.
12. Question: True or False: The Turner test has made it harder for an
institution to justify restricting constitutional rights of inmates.:
Answer: False. The Turner test has made it easier for an institution to
justify restricting constitutional rights of inmates.
13. Question: The institution imposes a restriction on an inmate practicing
his religion. The inmate sues, claiming his First Amendment rights
have been violated. The institution responds by saying, "The restriction
was imposed because of security needs." Based on this response, will
the institution win the lawsuit? Why or why not?: Answer: The
institution will lose on restricting an inmate's practice of his or her
religion. To win, the institution must explain in at least some detail why
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