BCO BENCHMARK 1 EXAM WITH
COMPLETE SOLUTIONS
hands-off doctrine -ANSThe legal practice of allowing prison administrators a free hand
to run the institution, even if correctional practices violate inmates' constitutional rights;
ended with the onset of the prisoners' rights movement in the 1960s.
First Amendment Rights -ANSFree speech- Oral speech, telephone usage, legal
telephone calls (legal calls can only be observed, they cannot be listened to or
recorded.
Written Speech- Legal mail, outgoing mail, incoming mail, publisher-only publications,
free postage, sexually explicit material.
Freedom of the press
Religious worship-Belief (absolute) vs. Practice (not absolute)
O'Lone V. Estate of Shabazz 482 U.S. 342 (1987), Issues related to religious services,
Issues related to clergy, Issues related to special meals, Issues related to religious
articles, Issues related to Native American Religions
Freedom of Association and - Issues related to personal visitation, issues related to
legal visitation, Issues related to unions or political rallies.
Inability to vote while incarcerated -ANSUtah code (20A-2-101.5)
Fourth Amendment rights -ANSTotality of the circumstances
Voluntariness and intrusiveness of searches
Issued related to cell search and seizure
Issues related to strip searches
Issues related to pre-trial detainees
Issues related to visitors
Issues related to visual body cavity searches
Issues related to digital body cavity searches
Issues related to urine testing
Issues related to probation and parole searches
Fifth Amendment rights -ANSPrivilege against self incrimination- Issues related to
pending criminal investigation/trial. (Miranda warning)- Issues related to civil matters-
Issues related to negative inference
, Protection against double jeopardy- Issues related to disciplinary hearings and criminal
trials, effects of an acquittal, issues related to parole violations, Issues related to
prosecution in another state or by the United States, Issues related to municipalities.
Understand the importance of faithful and strict execution of law and regulations of the
due process clause.
Sixth amendment rights -ANSIssues related to rights of criminal defendants- To be tried
where the crime occurred, To call and cross-examine witnesses, To have the
assistance of counsel.
Issues related to pre-trial detainees
Inmates do not have the right to counsel during prison disciplinary hearings
Eighth amendment rights -ANSMedical- Understand the requirements to provide
medical care; Estelle V. Gamble, 429 U.S. 97 (1976)
Define serious medical need"; Riddle V. Mondragon, 83 F.3d 197, 1202 (10th cir. 1996).
Identify conditions that are not serious
Identify conditions that are serious; and Bott V. DeLand, 922 P. 2d (Utah 1995)
Fourteenth Amendment rights -ANSPrivileges and immunities
Due process
Equal protections
RLUIPA, Religious Land Use and Institutional persons Act (2000).
Native American Religious practice Act -ANS-Requires proof of membership in a
federally recognized tribe
-Request requires reasonable accommodation
-Native Americans have a statutory right to: a spiritual advisor, sit of worship,
ceremonial items, and uncut hair (but no access to peyote).
-Cost is not a factor
-Restrictions are only permitted for maximum security prisoners or legitimate security
needs
-The law only applies to state correctional facilities
42 USC 1983 -ANS-This applies to every person
-Civil suits may be applicable if rights are violated by an agent of the government
COMPLETE SOLUTIONS
hands-off doctrine -ANSThe legal practice of allowing prison administrators a free hand
to run the institution, even if correctional practices violate inmates' constitutional rights;
ended with the onset of the prisoners' rights movement in the 1960s.
First Amendment Rights -ANSFree speech- Oral speech, telephone usage, legal
telephone calls (legal calls can only be observed, they cannot be listened to or
recorded.
Written Speech- Legal mail, outgoing mail, incoming mail, publisher-only publications,
free postage, sexually explicit material.
Freedom of the press
Religious worship-Belief (absolute) vs. Practice (not absolute)
O'Lone V. Estate of Shabazz 482 U.S. 342 (1987), Issues related to religious services,
Issues related to clergy, Issues related to special meals, Issues related to religious
articles, Issues related to Native American Religions
Freedom of Association and - Issues related to personal visitation, issues related to
legal visitation, Issues related to unions or political rallies.
Inability to vote while incarcerated -ANSUtah code (20A-2-101.5)
Fourth Amendment rights -ANSTotality of the circumstances
Voluntariness and intrusiveness of searches
Issued related to cell search and seizure
Issues related to strip searches
Issues related to pre-trial detainees
Issues related to visitors
Issues related to visual body cavity searches
Issues related to digital body cavity searches
Issues related to urine testing
Issues related to probation and parole searches
Fifth Amendment rights -ANSPrivilege against self incrimination- Issues related to
pending criminal investigation/trial. (Miranda warning)- Issues related to civil matters-
Issues related to negative inference
, Protection against double jeopardy- Issues related to disciplinary hearings and criminal
trials, effects of an acquittal, issues related to parole violations, Issues related to
prosecution in another state or by the United States, Issues related to municipalities.
Understand the importance of faithful and strict execution of law and regulations of the
due process clause.
Sixth amendment rights -ANSIssues related to rights of criminal defendants- To be tried
where the crime occurred, To call and cross-examine witnesses, To have the
assistance of counsel.
Issues related to pre-trial detainees
Inmates do not have the right to counsel during prison disciplinary hearings
Eighth amendment rights -ANSMedical- Understand the requirements to provide
medical care; Estelle V. Gamble, 429 U.S. 97 (1976)
Define serious medical need"; Riddle V. Mondragon, 83 F.3d 197, 1202 (10th cir. 1996).
Identify conditions that are not serious
Identify conditions that are serious; and Bott V. DeLand, 922 P. 2d (Utah 1995)
Fourteenth Amendment rights -ANSPrivileges and immunities
Due process
Equal protections
RLUIPA, Religious Land Use and Institutional persons Act (2000).
Native American Religious practice Act -ANS-Requires proof of membership in a
federally recognized tribe
-Request requires reasonable accommodation
-Native Americans have a statutory right to: a spiritual advisor, sit of worship,
ceremonial items, and uncut hair (but no access to peyote).
-Cost is not a factor
-Restrictions are only permitted for maximum security prisoners or legitimate security
needs
-The law only applies to state correctional facilities
42 USC 1983 -ANS-This applies to every person
-Civil suits may be applicable if rights are violated by an agent of the government
