Deck 11: Use of Force

Question 1

Under what standard was excessive use of force examined in earlier jurisprudential history?

A) The constitutional right violated
B) Due Process Clause
C) Beyond a reasonable doubt
D) Shocked the conscience

Answer 1

Shocked the conscience

Question 2

What Supreme Court case changed the earlier jurisprudential standard of use of force?

A) Graham v. Connor
B) Whitley v. Albers
C) Hudson v. McMillian
D) Kingsley v. Hendrickson

Answer 2

Graham v. Connor

Question 3

Which of the following is a time when a correctional officer is NOT allowed to use force?

A) Defense of a third person
B) Prevention of escape
C) Cursed out
D) Enforcement of prison regulations

Answer 3

Cursed out

Question 4

In __________, the Supreme Court ruled that an "unnecessary and wanton infliction of pain" will be the standard for all allegations of excessive force, whether force is used in good faith or used maliciously.

A) Graham v. Connor
B) Whitley v. Albers
C) Hudson v. McMillian
D) Kingsley v. Hendrickson

Question 5

Which of the following Supreme Court cases overruled Whitley v. Albers?

A) Graham v. Connor
B) Whitley v. Alber
C) Hudson v. McMillian
D) Kingsley v. Hendrickson

Question 6

Which constitutional amendment is the focus of the Supreme Court's standards set in the cases to determine violations in this chapter?

A) Fourteenth Amendment
B) Eighth Amendment
C) Fourth Amendment
D) First Amendment

Question 7

Which of the following provides the standard of excessive force for pretrial detainees?

A) The constitutional right violated
B) Due Process Clause
C) Beyond a reasonable doubt
D) Shocked the conscience

Question 8

In __________, the Supreme Court clarified the standards for determining whether Eighth Amendment violations have occurred.

A) Graham v. Connor
B) Whitley v. Albers
C) Hudson v. McMillian
D) Kingsley v. Hendrickson

Question 9

Which of the following are objective factors to determine intent when excessive force is used against pretrial detainees?

A) The extent of injuries suffered
B) The apparent need for the application of force
C) The need to act quickly and decisively
D) All of the above

Question 10

The Supreme Court set the standard for pretrial detainee's standard of excessive force claims as being purposely and knowingly in which case?

A) Graham v. Connor
B) Whitley v. Albers
C) Hudson v. McMillian
D) Kingsley v. Hendrickson

Question 11

Which of the following does NOT permit self-defense or defense of third persons when enforcing prison rules and regulations?

A) Yelling at a prison official
B) Kicking a prison official
C) Punching a prison official
D) Slapping a prison official

Question 12

Deadly force can be used as a last resort in all the following situations EXCEPT:

A) Prevention of an escape
B) Prevention of a felony
C) Self-defense against severe bodily harm
D) Enforcement of rules and regulations with no assault

Question 13

In which case was corporal punishment in prisons eliminated?

A) United States v. Jones
B) State v. Cannon
C) Jackson v. Bishop
D) Hope v. Pelzer

Question 14

For which of the following reasons did the Supreme Court hold that the Eighth Amendment was violated in Hope v. Pelzer?

A) Lack of emergency
B) Prison officials knowingly subjected the prisoner to unnecessary pain
C) Any safety concerns had long since been abated
D) All of the above

Question 15

Arguments against corporal punishment suggest all of the following EXCEPT:

A) It is brutal and medieval
B) Mental and social attitudes are gravely affected
C) Too costly to the prison facility
D) Demoralizing to prisoners and staff

Question 16

There are no differences between Eighth Amendment excessive force cases and Eighth Amendment conditions-of-confinement cases.

Question 17

Extent of injury suffered by a prisoner is one of the factors to be considered in determining whether the use of force is wanton and unnecessary under Whitley v. Albers.

Question 18

Most instances of specific constitutional violations in prisons consist of Fourth and Eighth Amendment violations.

Question 19

In Kingsley v. Hendrickson, the Court overruled Whitley v. Albery.

Question 20

The Court has ruled that a prisoner must prove "significant injury" to prevail with claims of excessive use of force.

Question 21

Pretrial detainees' standard to prove excessive force is the Due Process Clause.

Question 22

In Hudson v. McMillian, the Court ruled on pretrial detainees' standard of excessive force claims.

Question 23

The use of deadly force is never justified to prevent the commission of a misdemeanor.

Question 24

If a prisoner resists an officer's reasonable order, additional officers should be summoned to control the prisoner.

Question 25

Corporal punishment is forbidden in all prisons.

Question 26

Hope v. Pelzer is one of the only cases that has reached the Supreme Court regarding corporal punishment.

Question 27

Jackson v. Bishop held the criteria of "broad and idealistic concepts of dignity, civilized standards, humanity, and decency are useful and usable" and gave nine reasons to eliminate whipping.

Question 28

For each of the following scenarios, use the case law presented in this chapter to explain whether the situations are a reasonable use of force:
● A fight erupts between five prisoners and a number of correctional officers. The prisoners received numerous injuries, including severe cuts, bruises, and broken bones. One of the officers was hurt so severely that he had to be hospitalized in the ICU.
● Prisoners riot and take over the prison facility. After the prison is retaken by officials, some officials constantly subjected the prisoners to unprovoked acts of brutality, such as being forced to strip and run naked through guards armed with clubs.
● A prisoner is being assaulted by another prisoner when a prison official steps in and hits the attacking prisoner with his baton. The attacking prisoner is no longer able to continue attacking the other prisoner.

Question 29

Summarize the importance of Hudson v. McMillian and the steps it took to become a Supreme Court case.

Question 30

Discuss the differences in use of force statutes and laws between prison facilities and detention facilities.