Correctional Law for the Correctional Officer 5th Edition Exam Guide |100% Correct|

Correctional Law for the Correctional Officer 5th Edition Exam Guide |100% Correct| ...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. *Ans* Fourteenth Amendment "Qualified Immunity," is sometimes known as the... *Ans* "Good Faith" defense A free person normally expects the following sorts of procedural protections to be available if the government attempted to take away the person's liberty or property... *Ans* (1) A hearing (2) Advanced notice of a hearing (3) Neutral judge (4) Right to call witnesses on his/ her behalf (4) Right to cross-examine witnesses (5) Right to a lawyer (6) A decision that indicates what facts the decision maker is relying on and that gives reasons to justify it (7) An appeal of the decision to a higher authority A time of reduction of court intervention, caused by a series of decisions from the U.S. Supreme Court. *Ans* One-Hand-On, One-Hand-Off A tort suit seeks only... *Ans* Damages Allegations in a suicide case usually focus on one or more of the following.... *Ans* (1) Failure to Identify (2) Failure to Monitor (3) Failure to Respond An official must have actual knowledge that an inmate faces a substantial risk of serious harm and then must disregard that risk by failing to take reasonable steps to abate it. *Ans* Deliberately Indifferent Areas of concern regarding use of restraints include... *Ans* (1) The decision to place an inmate in restraints-who makes it, and in accordance with what criteria. (2) The types of restraints used. (3) Length of time an inmate remains in the restraints. (3) Monitoring to determine if the need remains for restraints and if the need remains for restraints and of the inmates general safety. (4) Comfort (5) Hygiene (6) Medical/ Mental health concerns Attacking Conditions-of Confinement: Does the Eighth Amendment apply to persons who have not yet been convicted of a crime? *Ans* No Bounds v. Smith: The Supreme Court said the State could not impose barriers between inmates and the courts...and courts had an _______________ duty time assist inmates. *Ans* Affirmative Can civil rights actions be brought directly against the state or state agencies? *Ans* No. Because they are not "persons" Can what an official "Should have known" be the basis of a deliberate indifference finding. *Ans* No Civil rights actions only can be brought against... *Ans* Persons Civil Rights cases are brought in front of __________ ___________. *Ans* Federal Court Civil rights suits typically are filled in federal district court, but can be filed in.... *Ans* State Court Common _________ actions in corrections include such issues as the negligent loss of property, failure to protect the inmate from harm, medical malpractice, or breaches of other duties or