CORRECTIONS EXAM 2 QUESTIONS
AND ANSWERS
Least Restrictive Method - Answer-Means of ensuring a legitimate state interest
(such as security) that impose fewer limits to prisoners' rights than do alternative
means of securing that end (ex. books and magazine)
Compelling State Interest - Answer-An interest of the state that must take
precedence over rights guaranteed by the first amendment
Under the Compelling State Interest you have to prove you are taking away 1st
amendment rights because of - Answer-3 legitimate Penological Goals: Order,
Security, Rehab
Clear and Present Danger - Answer-Any threat to security or to the safety of
individuals that is obvious and compelling that the need to counter it overrides the
guarantees of the 1st amendment
Rational Basis Test - Answer-Requires that a regulation provide a reasonable,
rational method of advancing a legitimate institutional goal
4 components of the Rational Basis Test - Answer-1. There must be a rational
connection between the regulation and the legitimate interest put forward to justify it
2. There must be alternative means of exercising the right that remains open to
prison inmates. This means if you are having problems with people brining in
contraband during visits how would you allow visits that stops contraband (no
contact visit policy)
3. **most important** There must be a minimal impact of the regulation on
correctional officers and other inmates. You have to take into account how much of
an effect it will play in the role of the police officers job/safety
4. There must be no less-restrictive alternative available
The First Amendment - Answer-Speech
Religion
Since the 1940's, the SC has emphasized this amendment to the BOR
Many early prisoners' rights cases are based on this amendment
Turner v. Safely (1987) - Answer-Freedom of Speech
Inmates do not have a right to receive mail from one another
Beard v. Banks (2006) - Answer-High Security Inmate in Isolation
Prison policy: no magazines, periodicals, publications in isolation
SC said this was acceptable
Fulwood v. Clemmer (1962) - Answer-Muslims
Cruz v. Beto (1972) - Answer-Buddhist
, O'Lone v. Estate of Sha' Bazz - Answer-Accommodations necessary in order for
inmates to practice their beliefs
Work crew→ Left prison to work in government office Monday-Friday
Sues saying he should be allowed to return to the prison on Fridays for Islamic
church services
What religious rights are given to prisoners? - Answer-Accommodations of special
diets
Place to Pray
Provide Opportunity to assemble for services
Right to Literature
Right to correspond with religious leaders
Right to length of hair or facial hair (Amish, Muslims, Native American)
The Fourth Amendment - Answer-Prohibits only unreasonable searches and
seizures
Bounds v. Smith (1977) - Answer-Guarantee inmates have excess to a law library.
Assist in filing lawsuits
First successful cases during the prisoners' Rights movement involved - Answer-
brutality and inhumane conditions
Cooper v. Pate (1964) - Answer-Allowed prisoners to sue when their constitutional
rights had been denied
Wolff v. McDonalds (1974) - Answer-A person is not wholly stripped of their
constitutional protections when imprisoned
What case deals with Due process rights in a prison disciplinary hearing ? - Answer-
Wolff v. McDonalds (1974)
4. Due process rights during a prison disciplinary hearing - Answer-1. Prisoner must
be given 24 hour written notice of the charges
2. Prisoner has right to present witness and documentary evidence in their defense
3. Prisoners have a right to a hearing before an impartial body (does not mean a
jury, it means somebody that is not involved in inmates/officers day-to-day )
4. Prisoner has a right to receive a written statement from that body concerning the
outcome of the hearing
what is one thing prisoners do not have the right to do? - Answer-Cross Examine
Witnesses (guards)
What did the Prison Litigation Reform Act (PLRA) of 1996 do? - Answer-Place
restrictions on how they can filed a law suit
1. Required suit filing fees
2. Limit Consecutive Files
Lanza v. New York (1962) - Answer-Conversations recording in a jail or prisons
visitors room are not protected by the 4th amendment
AND ANSWERS
Least Restrictive Method - Answer-Means of ensuring a legitimate state interest
(such as security) that impose fewer limits to prisoners' rights than do alternative
means of securing that end (ex. books and magazine)
Compelling State Interest - Answer-An interest of the state that must take
precedence over rights guaranteed by the first amendment
Under the Compelling State Interest you have to prove you are taking away 1st
amendment rights because of - Answer-3 legitimate Penological Goals: Order,
Security, Rehab
Clear and Present Danger - Answer-Any threat to security or to the safety of
individuals that is obvious and compelling that the need to counter it overrides the
guarantees of the 1st amendment
Rational Basis Test - Answer-Requires that a regulation provide a reasonable,
rational method of advancing a legitimate institutional goal
4 components of the Rational Basis Test - Answer-1. There must be a rational
connection between the regulation and the legitimate interest put forward to justify it
2. There must be alternative means of exercising the right that remains open to
prison inmates. This means if you are having problems with people brining in
contraband during visits how would you allow visits that stops contraband (no
contact visit policy)
3. **most important** There must be a minimal impact of the regulation on
correctional officers and other inmates. You have to take into account how much of
an effect it will play in the role of the police officers job/safety
4. There must be no less-restrictive alternative available
The First Amendment - Answer-Speech
Religion
Since the 1940's, the SC has emphasized this amendment to the BOR
Many early prisoners' rights cases are based on this amendment
Turner v. Safely (1987) - Answer-Freedom of Speech
Inmates do not have a right to receive mail from one another
Beard v. Banks (2006) - Answer-High Security Inmate in Isolation
Prison policy: no magazines, periodicals, publications in isolation
SC said this was acceptable
Fulwood v. Clemmer (1962) - Answer-Muslims
Cruz v. Beto (1972) - Answer-Buddhist
, O'Lone v. Estate of Sha' Bazz - Answer-Accommodations necessary in order for
inmates to practice their beliefs
Work crew→ Left prison to work in government office Monday-Friday
Sues saying he should be allowed to return to the prison on Fridays for Islamic
church services
What religious rights are given to prisoners? - Answer-Accommodations of special
diets
Place to Pray
Provide Opportunity to assemble for services
Right to Literature
Right to correspond with religious leaders
Right to length of hair or facial hair (Amish, Muslims, Native American)
The Fourth Amendment - Answer-Prohibits only unreasonable searches and
seizures
Bounds v. Smith (1977) - Answer-Guarantee inmates have excess to a law library.
Assist in filing lawsuits
First successful cases during the prisoners' Rights movement involved - Answer-
brutality and inhumane conditions
Cooper v. Pate (1964) - Answer-Allowed prisoners to sue when their constitutional
rights had been denied
Wolff v. McDonalds (1974) - Answer-A person is not wholly stripped of their
constitutional protections when imprisoned
What case deals with Due process rights in a prison disciplinary hearing ? - Answer-
Wolff v. McDonalds (1974)
4. Due process rights during a prison disciplinary hearing - Answer-1. Prisoner must
be given 24 hour written notice of the charges
2. Prisoner has right to present witness and documentary evidence in their defense
3. Prisoners have a right to a hearing before an impartial body (does not mean a
jury, it means somebody that is not involved in inmates/officers day-to-day )
4. Prisoner has a right to receive a written statement from that body concerning the
outcome of the hearing
what is one thing prisoners do not have the right to do? - Answer-Cross Examine
Witnesses (guards)
What did the Prison Litigation Reform Act (PLRA) of 1996 do? - Answer-Place
restrictions on how they can filed a law suit
1. Required suit filing fees
2. Limit Consecutive Files
Lanza v. New York (1962) - Answer-Conversations recording in a jail or prisons
visitors room are not protected by the 4th amendment
