Question 1

What are the three foundations of correctional law? Describe how each operates and give an example of each. Discuss the strengths and weaknesses of each approach.

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Question 2

Since the 1940s, the Supreme Court has maintained that the ______________ Amendment holds a special position in the Bill of Rights because it guarantees those freedoms essential in a democracy.

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Question 3

_________ refers to the responsibility for the provision of monetary or other compensation awarded to a plaintiff in a civil action.

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Question 4

What does it mean when we say the courts had a hands-off policy prior to 1960? When did this judicial policy end and why? What followed as this policy came to an end? Do you think the courts should have a role in determining and monitoring correctional policy and practice? Discuss your reasoning.

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Question 5

A public official who investigates complaints against government officials and recommends corrective measures is a(n) .

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Question 6

Legal rules created in judges' decisions that serve to guide decisions in similar cases are called .

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Question 7

The constitutional guarantee that no agent or instrumentality of government will use anything to arrest, prosecute, try, or punish any person other than that prescribed by law is procedural .

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Question 8

Discuss the impact of the prisoners' rights movement that ultimately changed corrections in this country. When answering, be sure to highlight key events, cases, and decisions that can be considered causal and inspirational for the movement.

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Question 9

is intervention in a dispute by a third party where those in conflict submit their differences for resolution and the decision (in the correctional setting) is binding on both parties.

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Question 10

List and explain three alternatives to litigation. Discuss the strengths and weaknesses of each. Which one do you think is most effective in maximum security prisons for men? For women? Please fully explain your answers.

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Question 11

. ___________ refers to means of ensuring a legitimate state interest (such as security) that impose fewer limits on prisoners' rights than do alternative means of securing that end.

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Question 12

_______________ refers to an interest of the state that must take precedence over rights guaranteed by the First Amendment.

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Question 13

Define and explain what is meant by a writ of habeas corpus. What is its significance for inmates? Should it be limited? Why or why not? Discuss the changes to habeas corpus post 9/11.

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Question 14

As a result of the Supreme Court decision in ______________, correctional officials may search cells without a warrant and seize any materials found there.

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Question 15

The first recognized U.S. Supreme Court case recognizing the termination of the hands-off policy was the case of .

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Question 16

The Amendment focuses on the protection of privacy within the scope of search and seizure.

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Quiz 5: The Law of Corrections