Exam 3 Chp 5

Question 1

Ruffin v. Commonwealth (1871)

Answer 1

Prisoners did not have rights, separation of powers, hands off era before 1960s

Question 2

Section 1983 civil rights act

Answer 2

Most common avenue for challenging conditions of confinement, the issues prioners were facing were physical security, conditions, and medical care, the goal of this was to compensate for damages and to improve conditionsn

Question 3

Habeas corpus

Answer 3

A judicial order, requesting state to produce prisoner and give reasons to justify continued confinement, challenges legality of incarceration, the goal of this is to get released, a new trial, or reduced sentence an example is Vincent Simmons

Question 4

Prison litigation reform act 1996

Answer 4

Restricted number of section 1983 lawsuits, lawsuits dropped by 50%, requires a $50 filing fee, prohibits filing additional lawsuits if previous three dissed as frivolous

Question 5

Rational basis test

Answer 5

Requires that a regulation provide a reasonable, rational method of advancing a legitimate institutional goal, and the goal of this is to provide safety and security, and the regulation must have minimal impact, and no less restrictive alternative available

Question 6

1st amendment rights

Answer 6

Rights to speech and religion, access to mail but censorship allowed with restrictions on publications and some communications, religion must give prisoners opportunity to practice and rights to religious texts, prayer, and diets

Question 7

Turner v safley

Answer 7

Prisoner to prisoner mail can be prohibited and the rational basis test specified here - first amendment rights of speech

Question 8

Cruz v Beto

Answer 8

In the case of religion in which Buddhism was recognized - first amendment rights of religion

Question 9

4th amendment rights

Answer 9

Prisoners have fewest rights from this amendment, the cell can be searched without warrants, evidence is admissible, materials can be seized they are required to metal detectors, pat downs, strip searchedn

Question 10

Bell v wolffish

Answer 10

Allowed strip searches especially after visits - 4th amendment rights

Question 11

8th amendment totality of conditions

Answer 11

Extreme conditions of confinement, when considered as a whole it can be unconstitutional, led to judicial supervisor of prisoners in Texas until they change things

Question 12

Rhodes v chapman

Answer 12

Double calling, crowding is allowed,must show unnecessary and wanted infliction of pain on deliberate indifference - 8th amendment

Question 13

Brown v plata

Answer 13

California failed to provide basic care for prisoners with serious mental and medical health problems, requires California to reduce prison population and the release of over 35,000 prisoners over several years - 8th amendment

Question 14

14th amendment

Answer 14

Procedural due process, prison disciplinary hearings, equal protection of the laws race, gender, religion

Question 15

Wolf v McDonnell

Answer 15

Must receive written notice, right to hearing, can present witnesses -14th amendment

Question 16

Alternative to litigation or dispute resolution

Answer 16

Inmate grievance procedures - receive complaints, investigate, make decisions, often employ prisoner representatives to help with paper work, can help solve problems and defuse tensions,

Question 17

“hands off “ era

Answer 17

Judicial policy of no interference in which a prisoner basically had no rights up until the 1960s