ANSWERS 2026 b b
First Amendment: How being incarcerated affects a person's right to freedom of speech and fr
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eedom of religion. - CORRECT ANSWER -
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no absolute right to free speech. the government can regulate inmate in parolee speech wher e it is
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necessary to protect a legitimate government interest. (i.e. The Safety and Security of an institution)
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California prisons have facility chaplains to serve religious needs and provide reaso nable
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accommodation for inmate practicing their own faiths.
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Fourth Amendment: how the Fourth Amendment relates to inmates and their visitors. - CORRECT
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ANSWER -
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peace officers can search inmates in the contents of their cells at any time for any reason, as l ong as it
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is done without abuse or harassment.
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Visitors will be subject to cursory searched, and visitors may be thoughroughly searched when: 1, a
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warrant has been obtained, 2, staff has reason to believe that the visitor is attempting to bring a
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prohibited item, or 3, if the visitor is arrested for a crime which endangers the security of the facility.
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Fifth Amendment: what rights are provided under the Fifth Amendment - CORRECT ANSWER - No
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person shall:
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-
be required to answer for a capital or otherwise Infamous crime unless a grand jury issues an
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indictment.
b
- be tried more than once for the same criminal offense - double jeopardy
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- be compelled to testify against themselves in a criminal manner
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,- be deprived of life liberty or property without due process of law
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- be deprived of private property for public use without just compensation
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* peace officers must inform the suspect of his or her right to remain silent and to have a lawy er
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present*
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Eigth Amendment: Identify two examples of cruel and unusual punishment of inmates prohibit ed
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under the 8th Amendment. - CORRECT ANSWER -- substandard conditions of confinement
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- denying the basic necessities of life
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- excessive force used on inmates b b b b
- failure to protect inmates from harm
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* excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punis hment
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inflicted*
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Fourteenth Amendment: identify how do process under the Fourteenth Amendment relates to inmate
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classification in CDCR - CORRECT ANSWER -
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due process becomes an issue in inmate classification when:
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-
an institution decides during classification where to place an inmate including what level of cu stody
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and privileges he or she will have.
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- an inmate is put in administrative segregation, temporary detention, or protective custody.
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, - when subjecting an inmate to involuntary medication.
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- when determining an inmate's parole eligibility.
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* the prison cannot act to classify an inmate unless it affords due process, including holding a
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hearing, and giving Advance written notice of a hearing and opportunity to participate*
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Constitutional Law Violations: recognize that inmates may take Court action if they believe CD CR
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violated their constitutional rights - CORRECT ANSWER -
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if an inmate believes cdcr violated his or her constitutional rights, the inmate can take Court ac tion in
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one of two ways:
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- a lawsuit filed under title 42 of the United States code section 1983
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- a petition for a writ of habeas corpus
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* the federal government has provided additional statutory rights to individuals through some major
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legislation such as, the Rehabilitation Act, religious land use and institutionalized person act,
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Americans with Disabilities Act, and individuals with disabilities Education Act*
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Branches of the Criminal Justice System: identify the purpose of the three branches of Criminal
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Justice System - CORRECT ANSWER -1. Law Enforcement (arrest)
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- entryway into CJS b b
- police, sheriff, CHP, DA, and AG b b b b b
2. Judicial (litigate) b
- manages criminal / litigation process b b b b