15460641
Description
Flashcards by Bri Tubaya, updated more than 1 year ago
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Created by Bri Tubaya
over 5 years ago
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| Question | Answer |
| How does working in a correctional facility affect the constitutional rights of employees? | a. must agree to personal searches and vehicles searches (4th amendment) b. must agree to submit to drug testing and urinalysis c. must agree to 24 hr call-to-duty and defined standards of conduct both on and off duty obj. 2.01 |
| If you are sued as a Correctional employee, it will most often be in Federal District Court under which U.S. code? | U.S. Code 42, Section 1983 obj. 2.02 |
| Liability can be the result of which two events? | 1. Use of Force 2. Negligence obj. 2.02 |
| What are the three types of use of force? | 1. Less than Lethal 2. Less Lethal 3. Lethal obj. 2.02 |
| when correctly used, cannot be made deadly | less than lethal obj 2.02 |
| less likely to cause death or serious bodily injury | less lethal obj 2.02 |
| force that is reasonably expected to cause serious bodily harm or death | lethal obj 2.02 |
| What are the three kinds of negligence? | 1. Simple 2. Gross 3. Willful obj 2.02 |
| In order for there to be liability, there must first be ________? | Negligence obj 2.02 |
| ________ negligence can result in compensatory damages to claimant (inmate). | Willful obj. 2.02 |
| _______ force can only be used to prevent an escape from a medium or higher security facility). | deadly obj 2.02 |
| What are the two types of liability? | 1. Direct 2. Vicarious obj 2.02 |
| When correctional employees fail to perform their assigned duties | Direct Liability |
| Holding one person liable for the actions of another | Vicarious Liability |
| if you have worked "by the book" you can be defended in court by ________? | An Attorney from the Attorney General's Office. Obj. 2.02 |
| Prisoners' rights involve censorship of mail, expression within the institution, association within the institution, religion, appearance, visitation rights and grievances. | First Amendment Obj. 2.03 |
| Court Cases Examples of ____ Amendment - Warden may reject incoming publications, based on security concerns - Muslim faith is legitimate - state not required to provide clergy -Orthodox Jews right to religious diet - Scam religions not protected | First Obj. 2.03 |
| Court Case Examples of ______ Amendment -conversation recorded in a jail visitor’s room not protected - warrantless search of cell is not unreasonable; evidence is admissible -strip searches, esp. after visits ok, when need for searches outweighs personal rights invaded - Officials may search cells without a warrant, seize materials | Fourth Amendment |
| Forbids unreasonable searches and seizures and requires that any search or arrest be based on probable cause. | Fourth Amendment Obj. 2.04 |
| Provides freedom from self-incrimination and double jeopardy; guarantees due process of the law. This refers to the constitutionally guaranteed right to fairness in how the law is applied. | Fifth Amendment |
| Court Case Example of ______ Amendment - basic elements of due process must be present in prison disciplinary proceedings | Fifth Amendment |
| Cruel and unusual punishment shall not be inflicted. Punishments must be proportional or directly related to the crime committed. The right to medical treatment and use of excessive force also falls under this amendment | Eight Amendment |
| Court Case Examples of _______ Amendment - Deliberate indifference to serious medical needs = “unnecessary and wanton infliction of pain” -double-ceiling & crowding not equal to cruel & unusual. Standard = “wanton & unnecessary infliction of pain”; & condition must be “grossly disproportionate” to severity of the crime | Eighth Amendment |
| Established the superiority of Federal law and requires protection at the state level. States cannot make a law that is contrary to Federal Law. | Fourteenth Amendment |
| Supreme Court Decisions (examples) of _______ Amendment -no right to counsel in prison disciplinary proceedings -involuntary transfer of prisoner to mental hospital requires hearing & minimal elements of due process like notice and counsel | Fourteenth Amendment |
| The highest court in the state of Maryland. | Court of Appeals |
| The supreme law of the land | The Federal Constitution |
| The Supreme Court falls under which branch of government? | Judicial Branch |
| What are the three classes of monetary damages? | 1. Compensatory 2. Nominal 3. Punitive |
| Money a court may award as payment for actual losses suffered by a plaintiff; including out-of-pocket expenses incurred in filing the suit, other forms of monetary or material loss, pain, suffering, and mental anguish | Compensatoty |
| Small amounts of money a court may award when inmates have sustained no actual damages, but there is clear evidence that their rights have been violated | Nominal |
| Money a court may award to punish a wrongdoer when a wrongful act was intentional and malicious or was done with reckless disregard for the right of the victim | Punitive |
| Categories of Standards | -Security and Inmate control - inmate safety -Inmate food services - inmate housing and sanitation - inmate rights - classification - hearings - administrative record keeping |
| How often are facilities audited by the commission? | Every 3 years |
| A) established by the General Assembly to advise the secretary regarding standards for state, local and privately-operated correctional facilities B. Audits correctional facilities and private home detention monitoring agencies to determine levels of compliance, develop audit reports and provide technical assistance to correct areas of noncompliance | Maryland Commission on Correctional Standards |
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