chap 5 Flashcards
Four foundations of correctional law
Constitutions
Statutes
Case law
Regulations
Constitution
fundamental law contained in a state or federal document that provides a design of government and lists basic rights for individuals.
Statute
laws passed by a legislature
Statutes are written in more specific terms than constitutions.
Case law
are legal rules produced by judges’ decisions.
Precedents
an act or decision that serves as a guide for future situations with similar circumstances.
t/f Regulations are legal rules set by agency of executive branch
true regulations are legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency.
Hands-off policy
doctrine states gov’t has no position/reason to interfere with prison operations
Ruffin v. Commonwealth (1871)
Civil liability
a legal obligation that requires a party to pay for damages
or to follow other court-enforcements in a lawsuit.
Cooper v. Pate (1964)
Habeas corpus is what
a judicial order requiring arrested person to be brought before a judge
justify sentencing
t/f Prisoner-inspired litigation skyrocketed after Cooper v. Pate
true
The first successful prisoners’ rights cases involved…
brutality and inhuman conditions.
Least restrictive methods
means of ensuring legitimate state interests (such as security) that impose fewer limits to prisoners’ rights than do alternative means of securing that end.
an interest of the state that must take precedence over rights guaranteed by the First Amendment.
Compelling state interest
Clear and present danger
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.
Turner v. Safely (1987)
t/f rational basis test requires regulations to provide a reasonable, rational method of advancing a legitimate institutional goal.
true. Rational basis tests require that a regulation provide a reasonable, rational method of advancing a legitimate institutional goal.
First Amendment gives freedom of..
Speech and religion
Fourth Amendment is designed to…
protect areas of privacy from government instruction, such as searches.
Totality of conditions
The circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the Eighth Amendment
Pugh v. Locke (1976)
Procedural due process
procedures the government must follow before it deprives a person of life, liberty, or property.
Procedural Due Process comes down to fundamental fairness.
Equal protection
the law will be applied equally to all people, without regard for such individual characteristics as gender, race, and religion.
Ombudsman
public official who investigates complaints against government officials and recommends corrective measures.
Mediation
the attempt to settle a legal dispute through active participation of a third party (mediator)
t/f Those under community supervision enjoy the same constitutional rights as ordinary citizens.
false, Those under community supervision do not enjoy the same constitutional rights as ordinary citizens.
t/f When people on probation or parole do not obey their conditions of release, they may be sent to prison.
true, breaking conditions of parole may result in going back to prison
litigation
taking legal action
common problems faced by prison residents
lacking legal representation
difficult standards
changes may take a long time
alternatives to litigation
Grievance procedures
Use of an ombudsman
Mediation
Legal assistance
t/f in the past 30 years the Supreme Court has been less supportive of the expansion of prisoners’ rights.
true. supreme court has been less supportive of the expansion of prisoners’ rights.
t/f. Section 1983 is the least commonly used legal action to challenge prison and jail conditions
false. section 1983 is the most commonly used legal action
reasons for justifying restrictions on imprisoned individuals’ constitutional rights:
Maintenance of institutional order and security
Rehabilitation of convicted individuals
