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Unit2 Study Guide Spring2012 by 4kGN8IE


									                               CJA 371 Corrections Law
                                 Unit 2 Study Guide
                                    Chapters 6 - 9

1. __________ is isolation from the general prison population as a penalty for violating
prison rules.

2. The U.S. Supreme Court has interpreted the __________ to prohibit punishments that
indicate torture, unnecessary cruelty, or something inhuman and barbarous.

3. As applied to correctional law, a punishment consists of four elements. Which of the
following four elements is incorrect?

4. Isolated confinement alone is:

5. When an inmate is deprived of __________, the conditions in isolated confinement
become constitutionally intolerable.

6. Regarding the diet that an inmate receives in isolated confinement, a __________ has
been termed “generally disapproved and obsolescent.”

7. __________ is for punishment for specific actions, and __________ is for more
severe behavioral problems and for longer periods.

8. Until 1995, as a general rule, state prisoners had __________ protected by the U.S.
Constitution in continued confinement in the general prison population.

9. One reason courts have had difficulty applying Sandin v. Conner is that this case:

10. Under Sandin v. Conner , the fact that every state had somewhere in its prison system
single-person cells in which prisoners were sometimes confined for nondisciplinary
reasons meant that a prisoner’s claim of:

11. Any punishment that is not necessary to maintain order is:

12. When the punishment is disproportionate to the offense:

13. Inmates in supermax prisons:

14. California has an unwritten policy of racially segregating prisoners in ________ cells
for up to ______ days each time they enter a facility.

15. Courts have found that the use of isolated confinement is a/an:

16. In cases that allege the existence of unconstitutional conditions is the initial burden of
proof is on the

17. When a federal court is willing to review a prisoner’s compliant concerning isolated

18. A prisoner cannot be placed in isolated confinement because of his or her

19. Under Johnson all racial classifications imposed by government must be analyzed by
courts under

20. The traditional reluctance of courts to interfere in the management of a prison is:

21. Which of the following is not a valid reason for placing restrictions on inmates’
exercise of religion?

22. The use of the __________ is considered a valid approach in determining whether
certain infringements on First Amendment rights should be permitted.

23. Sweet v. Department of Corrections recognized the need for broad __________ in
light of the peculiar problems associated with maintaining order in prison society.

24. Explicit in the First Amendment are two separate and distinct concepts designed to
guarantee religious liberties. They are the:

25. Regarding dietary restrictions during Ramadan, the courts have found that such

26. The equal protection clause of the __________ is particularly relevant in cases
dealing with __________.

27. In Konigsberg v. Ciccone , the court directed that inmates belonging to minority
religions be allowed to attend religious service unless one of three conditions applied.
Which of the following is not one of these conditions?

28. Banks v. Havener held that a prison could not prohibit the practice of an established
religion unless:

29. Full access to a minister of one’s denomination while confined in a maximum-
security unit:

30. Prisoners have the right to proselytize as long as they:

31. A common dietary restriction at issue in prisons is the Muslim prohibition on:

32. In United States v. Huss , the court relied on four primary considerations to conclude
that a prison was not obligated to provide kosher food. Which of the following is not one
of these considerations?

33. A common justification for suppressing religious literature occurs when:

34. The Religious Land Use and Institutionalized Persons Act is construed to:

35. The requirement for prison officials to explain their rationale for impeding the free
exercise of religion was set forth in

36. In Jones v. Willingham, the court concluded that

37. In Schreiber v. Ault, the court ruled the routine decontamination of blood after
medical testing was

38. The cases dealing with religious freedom often refer to the

39. The 1941 case of Ex parte Hull established the right of an inmate to exercise the
basic constitutional right to:

40. Bounds v. Smith :

41. Many of the practices that traditionally prevailed in American prisons have amounted
to __________ inmates’ rights of access to the courts.

42. Johnson v. Avery recognized the existence of two competing interests in the area of
corrections. They are the:

43. The emphasis in Johnson v. Avery was on recognizing the need for:

44. One finding of Johnson v. Avery was that:

45. The U.S. Supreme Court has held that inmates:

46. The issue before the U.S. Supreme Court in Johnson v. Avery was:

47. The main thrust of Johnson v. Avery was that a state may not restrict the services of
a jailhouse lawyer:

48. Prior to Johnson v. Avery , with few exceptions, the courts:

49. One double standard regarding access to legal materials is that although an inmate
may be restricted from having legal documents pertaining to his or her case in his or her
possession, he or she:

50. Prison officials may not unreasonably prevent legal counsel from meeting with their
prisoner clients:

51. The necessary elements of a retaliation claim are:

52. A court may dismiss an in forma pauperis claim as frivolous if, after consideration,
the court determines that the claim is, among other things:

53. Because seemingly insignificant events may be of great importance to an inmate, a
court is obliged to taken into account three factors to determine the validity of a
grievance. Which of the following is not one of these factors?

54. The access of prisoners to the courts was __________ in Lewis v. Casey.

55. In Lewis, the lower court failed to leave the primary responsibility for devising a
remedy with

56. The rule that emerged from “jail house” lawyer cases is that the client prisoner could
receive legal assistance from

57. Cross v. Powers invalidated an absolute prison restriction against jailhouse lawyers
because the law school clinic did not assist prisoners who wished to file

58. The main concerns of the administrative staff of correctional facilities are:

59. The phrase due process of law is found in the:

60. Why would a planned series of disciplinary actions against an inmate as retaliation
for initiating a civil rights suit against prison officials violate the prisoner’s rights?

61. The due process of law involved in prison disciplinary proceedings is the
__________ aspect of the relevant constitutional amendments.

62. Wolff v. McDonnell arose in the context of discipline for:

63. Regarding gaps in the Wolff v. McDonnell decision, a circuit court of appeals found
in Clutchette v. Procunier that inmates must be granted certain rights in all disciplinary
circumstances, even in the face of a temporary suspension of privileges. What are they?

64. Regarding a case (Palmigiano v. Baxter [1974]) in which an inmate was brought
before a prison disciplinary committee to possibly face criminal charges, a circuit court
determined three main findings that are discussed in your textbook. Which of the
following is not one of those findings?

65. When Clutchette v. Procunier and Palmigiano v. Baxter were reversed by Baxter v.
Palmigiano in 1976, the court had four primary findings. Which of the following is one
of them?

66. A prison disciplinary proceeding in which the inmate is not informed of the nature of
the accusation against him or her, nor of the evidence to be used against him or her:

67. Your textbook lists three exceptions to disclosing details of evidence to inmates at
disciplinary hearings. Which of the following is not one of these exceptions?

68. The __________ and __________ are a part of the basic concept of procedural due
process of law.

69. If the silence of an inmate is the only evidence presented at a disciplinary hearing, a
finding of guilt would be:

70. Although there is no requirement of a(n) __________, if a finding of guilt against an
inmate is set aside, the inmate’s record should be __________.

71. A popular standard for burden of proof in prison disciplinary proceedings, which has
been borrowed from administrative law for purposes of judicial review, is:

72. Federal courts today indicate __________ to inquire into all aspects of prison
administration to ensure that the constitutional rights of inmates are observed.

73. Before there can be federal court intervention in the management of state prison

74. Wolff v. McDonnell mandates that a prisoner be allowed to call witnesses and
____________________ when there is no undue hazard to institutional safety or
correctional goals.

75. One of the traditional aspects of a fair hearing is that


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