Flashcards
Legal Aspects
Cards in this deck (35)
- 1How 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 - 2If 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 - 3Liability can be the result of which two events?1. Use of Force
2. Negligence
obj. 2.02 - 4What are the three types of use of force?1. Less than Lethal
2. Less Lethal
3. Lethal
obj. 2.02 - 5when correctly used, cannot be made deadlyless than lethal
obj 2.02 - 6less likely to cause death or serious bodily injuryless lethal
obj 2.02 - 7force that is reasonably expected to cause serious bodily harm or deathlethal
obj 2.02 - 8What are the three kinds of negligence?1. Simple
2. Gross
3. Willful
obj 2.02 - 9In order for there to be liability, there must first be ________?Negligence
obj 2.02 - 10________ negligence can result in compensatory damages to claimant (inmate).Willful
obj. 2.02 - 11_______ force can only be used to prevent an escape from a medium or higher security facility).deadly
obj 2.02 - 12What are the two types of liability?1. Direct
2. Vicarious
obj 2.02 - 13When correctional employees fail to perform their assigned dutiesDirect Liability
- 14Holding one person liable for the actions of anotherVicarious Liability
- 15if you have worked "by the book" you can be defended in court by ________?An Attorney from the Attorney General's Office.
Obj. 2.02 - 16Prisoners' rights involve censorship of mail, expression within the institution, association within the institution, religion, appearance, visitation rights and grievances.First Amendment
Obj. 2.03 - 17Court 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 protectedFirst
Obj. 2.03 - 18Court 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 materialsFourth Amendment
- 19Forbids unreasonable searches and seizures and requires that any search or arrest be based on probable cause.Fourth Amendment
Obj. 2.04 - 20Provides 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
- 21Court Case Example of ______ Amendment - basic elements of due process must be present in prison disciplinary proceedingsFifth Amendment
- 22Cruel 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 amendmentEight Amendment
- 23Court 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 crimeEighth Amendment
- 24Established 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
- 25Supreme 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 counselFourteenth Amendment
- 26The highest court in the state of Maryland.Court of Appeals
- 27The supreme law of the landThe Federal Constitution
- 28The Supreme Court falls under which branch of government?Judicial Branch
- 29What are the three classes of monetary damages?1. Compensatory
2. Nominal
3. Punitive - 30Money 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 anguishCompensatoty
- 31Small amounts of money a court may award when inmates have sustained no actual damages, but there is clear evidence that their rights have been violatedNominal
- 32Money 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 victimPunitive
- 33Categories of Standards-Security and Inmate control
- inmate safety
-Inmate food services
- inmate housing and sanitation
- inmate rights
- classification
- hearings
- administrative record keeping - 34How often are facilities audited by the commission?Every 3 years
- 35A) 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 noncomplianceMaryland Commission on Correctional Standards
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- objectives 2.01, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 2.08, 2.09
- Created by
- Bri Tubaya
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