Correction Law Test 2
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What is SOP?
Standard Operating Procedure
What is Operating Procedure?
Provides the statewide rles concerning disciplinary hearings, health care, visiting rules, religious services, grevance procedures, and other relevant matters.
What is state-created liberty intrest?
The rights to due process existed because the state had given the prisoners an entitlement to good-time credits.
What is the Wolff v. McDonnell Rule?
- 1. notice of the charges to the inmate.
- 2. time to prepare a resonse at a disciplinary hearing.
- 3. the opportunity to present evidence and witnesses if prison security will not be threatened as a result.
- 4. a sufficiently impartial decision-making body
- 5. a written statement of the decision makers' conclusions and reasons for imposing punishment.
What was Hewitt v. Helms?
It expanded opportunities for prisoners to identify state-created liberty intrest that would trigger due process protections.
What was Washington v. Harper?
The court approved the forced administration of such drugs after the treatment decision had passed through several procedural steps, including a hearing and review by medical professionals.
What is punishment?
It is reguarded as government treatment of individuals who have been convicted of crimes.
What was Trop v. Dulles?
The Warren Court declared that the Eight Ammendment must be defined according to "the evolving standards of decency that mark the progress of a maturing society." This notion that the definition of cruel and unusual punishments will change over time remains intact despite the significant changes in the Supreme Court's composition in the four decades since Trop.
What is a tort law?
Tort law covers personal injury cases and other situations in which someone is injured or suffers property damage.
What are the five justifications for the use of force?
- 1. Self-Defense
- 2. Defense of other person
- 3. Prevention of crimes by prisoners
- 4. Maintenance of order and control by upholding prison rules
- 5. Prevention of Escapes
What is Hudson v. McMillian?
It said the inmates could sue even if the injury did not have a lasting effect as long as the officer acted with maliciously and sadistically.
What was Estelle v. Gamble?
It bars corrections officials from being "diliberately indifferent" to the medical needs of prisoners.
What is Farmer v. Brennan?
This case was an example of the "deliberate indiffernce" rule. Stating that the correctional officers put Farmer in danger. Court said that there must be proof.
What is Griffin v. Wisconsin?
This dealt with probation officers rights to search a probationer's home without a warrant. Supreme Court ruled it was acceptable.
What is Lynce v. Mathis?
The Supreme Court ruled that retroactive cancellation of release credits already used to obtain a prisoners freedom violated the Ex Post Facto Clause of the Constitution.
What is the Ex Post Facto Clause?
Prohibits the government from defining crimes or increasing punishments after a crime has already been committed.
What was Foucha v. Louisiana?
The Supreme Court ruled that it was against the Constitution to hold someone after they have recoverd their sanity.
What is the differecnce between facutally guilty and legally guilty?
- Factually guilty means they did in fact commit the crime.
- Legally guilty means they cannot be charged if they do not fully understand what they did.
What is Kansas v. Hendricks?
He was a sexual predator that served his sentence. A new law came out and put him in a mental hospital. He said it was 1) a violation of his right to due process, 2) It was double jeopardy, and 3) it violated the ex post facto clause.
What is the Sexually Violent Predator Act?
It allowed the state to use civil commitment to hospitalize persons likely to commit "predatory acts of sexual violence" due to a "mental abnormality" or a "personality disorder."
What are civil disabilites?
Legal restrictions on rights and opportunities as a consequence of past criminal convictions.
What are some critics of civil disabilties?
They say that we are punishing these individuals more than neccessary and we are missing out on wisdom from people who might have made some bad choice when they were eighteen.
What is Richardson v. Ramirez?
The Court found that states had the right to limit convicted felons' right to vote.
What are some examples of employment discriminations?
- national origin
- ADEA(Age Discrimination in Employment Act)
What are bona fide occupational qualifications?
Qualifications that are necessary for the job.
What was Dothard v. Rawlinson?
Alabama tried to keep women out of correctional officer positions because it was a job that demanded strength. But the Court said not for women in a women's facility.
What is affirmative action?
A variety of efforts to recruit and promote people from segments of society that previoulsy were subject to discrimination in seeking government employment.
What was Monell v. Department of Social Services?
It declaried that municipalities, counties, and other local units of government could be reguarded as "persons" to be sued under section 1983.
What are the three types of immunities?
- Sovereign-can't sue the government unless it is consented
- Absolute-officials such as the president or prosecutors can't be sued
- Qualified-government officals including corrections officals
How do you establish liabiltiy in a tort case?
- The plantiff must show that:
- 1. the officals had a duty, such as a duty to protect and inmate from harm
- 2. they breached the duty by failing to uphold their responsibilities
- 3. their actions in failing their duties were the proximate cause of the injury
- 4. the plaintiff suffered an injury for which he or she seeks an appropriate remedy
What is indemnification?
Payment of damages by the state on behalf of an employee
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