PENOLOGY FINAL EXAM QUESTIONS WELL ANSWERED LATEST UPDATE

PENOLOGY FINAL EXAM QUESTIONS WELL ANSWERED LATEST UPDATE Which Constitutional provision that is a major aspect of Correctional Law does not fall within the subject areas of criminal law, criminal procedure, and criminal justice in general? - Answers 14th Amendment Section 1 In constitutional law the term incorporation refers to the - Answers the imposition on the state, via the due process clause of the 14th Amendment, of a particular right found in one of the first 8 Amendments The Prisoner Litigation Reform Act (PLRA) is designed to act as what? - Answers a screening mechanism to reduce frivolous lawsuits Inmates are entitled to a due process proceeding in a prison disciplinary proceeding only if it results in a loss of "good-time" credits or leads to punitive segregation. - Answers true What is the name of the case that decided the issue described immediately above? - Answers Welf v. McDonnell (1974) The five procedural safeguards required at prison disciplinary proceedings that inmates are entitled to when they face a possible loss recognized by the Court sufficient to engage due process protections, include ______________. - Answers -prior written notice -right to call witnesses and present evidence -limited right assisting in preparation of inmate's defense -right to receive written statement of evidence -right to a "sufficiently impartial" decision-maker What kind of immunity are prison disciplinary committee members allowed against civil lawsuits brought by prisoners against their actions? - Answers qualified-immunity Superintendent, Walpole v. Hill (1985) & the "some evidence" requirement. - Answers -less than a preponderance -the court introduced some evidence requirement Does 30 days in a prison disciplinary segregation did not rise to the level necessary to a liberty interest to qualify for due process protection? What factors did the Court consider? - Answers -yes -physical conditions were similar to general prison population -inmate got the guilty finding expunged -prisoners discharge not "inevitably" delayed due to disciplinary hearing result -answer C The Miranda requirement & prison disciplinary proceedings - Answers no, Miranda requirement does not apply to prison disciplinary proceedings; notification of rights When a prisoner invokes his 5th Amendment privilege against self-incrimination at a prison disciplinary proceeding, can a disciplinary hearing decision-maker cannot draw an adverse inference from this choice. - Answers yes, it is adverse evidence The underlying question for inmate transfer challenges is what type and/or level of ___________ interest requires the protections of due process. - Answers liberty answer C What kind of "prison" transfer was not allowed by the Court? - Answers -prison to mental hospital -Vitak v. Jones (1980) Does a prisoner have a constitutional right to a hearing prior to being transferred from a general population unit to an administrative segregation unit of a prison? - Answers no Does a restriction that "imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life" apply to transfer proceedings? - Answers -yes, Sandin v. Connor (1995) does apply to transfer proceedings Do verbal and written conversations in jail (and prison) visitation rooms enjoy 4th Amendment privacy protections? - Answers no Are searches of inmate cells dormitories subject to 4th Amendment considerations? - Answers no, inmates cells are not subject to 4th Amendment considerations What, if any, protections, does the 4th Amendment extend to prisoners and their property? - Answers -they don't have any -religious violations If seized prisoner property includes religious material, the prisoner how does/may this effect his U.S. Constitution based privacy rights? - Answers -prisoners must be allowed to practice their religion, obtain and keep written religious materials -must be free to seize from cells on articles fair view is religious -must be able to exercise their religious freedom -violates 1st and 8th amendment In general, can jail officials use security and safety concerns to limit the 4th Amendment privacy