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What is the essential element of corrections?
What is the social contract theory?
People have entered into an agreement with society that they will respect society's rules in exchange for protections and benefits of living in that society.
What is the natural rights theory?
It says that everyone should posses certain protections simply by virture of being human-whether good or bad.
What is the hands-off policy?
The judges would not protect prisoner's rights because they felt like they had none. Judges are not experts on corrections.
What did Gideon v. Wainwright establish?
Poor crimianl defendants have a constitutional right to receive free representation by a defense attorney when they face the possiblity of six months or more in prison.
What are the three types of prisoner cases and the differences between them?
- Appeals-show that an error was made in applying the law. Deadline
- Habeas Corpus Petitions-a way to challange the legality of detention. No deadline.
- Civil Rights Lawsuits-this does not seek to gain freedom rather to change policies and financial gain.
What did Ross v. Moffitt establish?
It said that defendants have no constitutional right to counsel after the first appeal.
What was the Antiterrorism nad Effective Death Peanlty Act?
Reinforced the mlimit on the number of habeas corpus petitions that can be filed and limited the ability of federal judges to second guess certain determinations made earlier in each case by state judges.
What was established in Cooper v. Pate?
It ruled that Title 42 of US Code section 1983 could be used by prisoners to file lawsuits against corrections officials.
What are the three elements of Section 1983 lawsuits?
- The person can be sued as long as they are acting in an offical capacity.
- The person must be working under the color of state law.
- The last is causation and a constitutional rights violation.
What is the Prison Litigaton Reform Act? What is its purpose?
It limits federal judges from imposing orders on correctional institutions on how they handle their affairs. Its purpose was to make sure that prisoners were actually serious about their claim. It made them pay.
What is in forma pauperis petition?
It was a way of getting court fees waived it meant in the manner of a poper.
What was established in Pennslyvania DOC v. Yesky?
It allowed ADA to accomidate inmates with disabilities.
What is the Civil Rights of Institutionalized Persons Act?
It says that the US attorney general and federal courts can certify grievance procedures as meeting certain requirements. Time limits for writing grievenaces.
What is an OMBUDSMAN?
This is a person that is an independant, neutral official who investigates complaints and who posseses the power to mediate or make recommendations for change.
What are the top issues rasied in habeus corpus petitions?
- Ineffective assistance of counsel-25%
- Trial Court Errors- 15%
- 14th Ammendment-14%
- 5th Ammendment-12%
What are the top two reasons for dismisal of habeus corpus petitions?
- Failure to exhaust state remedies-57%
- Procedural default-12%
What is contraband?
Plans to escape, drugs, and anything that can jepordize the institution.
What was established from Wolff v. McDonnell?
It allowed officers to pour legal mail out infront of the inmate to ensure there is no contraband.
What was established throught Procunier v. Martinez?
It said that communication between inmate and attorney cannot be interrupted.
What was established in Johnson v. Avery?
It said that a self educated jailhouse lawyer could help other inmates.
What was established in Bounds v. Smith?
It said that prisons must have law libraries for inmates to use.
What is the rational basis test?
The court simply asks whether the regulation in a rational or reasonable way to advance a governments intrest.
What is the strict scrutiny test?
This standard requires the government to provet that its rules are necessary to uphold some important governmental goal.
What was established in Kentucy v. Thompson?
This showed that visits are not mandatory and that the institution could allow or disallow them.
What did Sandid v. Conner establish?
Inmates cannot be transfered to a mental hospital or the involentary administration of certian drugs to treat mental illnesses.
What was established in Pell v. Procunier?
It stated that news people don't have a right to access the prisons for interviews.
What is the establishment clause?
It bars an establishment of religion. You can't force people to be religious.
What is the Free Exercise Clause?
It says the government can't prohibit the free exercise of religion.
What is the Religious Freedom Restoration Act of 1993?
It was intended to make the government show their reason for saying that any law or policy is more important than peoples religious practices.
What did Hudson v. Palmer establish?
It said that the fourth ammendment does little to protect and inmates cell.
What are the different levels of searches (5)?
- Searches done with technology
- Pat-down search
- Strip Search
- Body Cavity Search
- Digital Examination
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