Flashcards
Corrections Final Exam
Cards in this deck (22)
- 1Source of Rights in Prison- Constitution
- Statutes
- Administrative Regulations - 2First Amendment- Freedom to Believe & Freedom to Act
- Turner v. Saffley to determine if rights have been violated using a checklist - 3Fourth Amendment- Cell Searches
- Strip Searches
- Body Cavity Searches - 4Eighth Amendment- Broadens with evolving standards of decency
- Cruel and Unusual Punishment
- Coker v. Georgia - 5Writ of Habeas CorpusAppeal to show that any of your rights have been violated through the conviction process
- 6Cruel and Unusual PunishmentPunishment that fails to meet social decency standards (overly painful, degrading, humiliating) (grossly disproportionate to crime committed)
- 7Civil Rights Act & Cooper V. PateHeld that the Bill of Rights applied inside prisons and that under the civil rights act, the incarcerated could file suit against prison officials if their rights were violated
- 8Access to Courts for IncarceratedJohnsons v. Avery (jail house lawyers can't be punished)
Bounds v. Smith (adequate law libraries must be provided)
**must provide access to attorneys and in person access, does not require attorney - 9PLRA (Prison Litigation Reform Act)Goals: reduce the volume of prison litigation and improve the merit of those claims that are filed
Requirements: frequent flier provision, three strikes provision, exhausted remedies provision, & physical injury requirement - 10Civil Disabilities- Loss of rights because of criminal conviction
- Collateral consequences of a felony conviction
- Specific to Sex Offenders (registration, requirements) - 11Civil Disenfranchisement- Loss of right to vote
- States regulate eligibility to vote (ME + VT still votes after felony)
- Other States and D.C. restore right to vote after requirement is finishes - 12Current Status of Death Penalty in the U.S.- 27 States, Fed. Gov., Military - yes to DP
- Most execution takes place in the South
- Lethal Injection is primary method
- Death Row, most are men, women 2%
- Over 75% of DP cases are white - 13Furman v. Georgia- Start of the modern period of capital punishment
- Capital punishment is cruel and unusual
- More C&U because of the way it is imposed - 14Gregg v. Georgia- States rewrote death penalty statutes (FL first)
- Supreme Court approved new laws in GA, TX, and FL (bifurcated trial, automated appellate review, proportionality review) - 15Ring v. Arizona- Juries must decide death or life in prison
- Jodi Arias Case - 16Coker v. Georgia- Unconstitutional to execute a person convicted of rape of an adult who was not killed
- 17Ford v. Wainwright- Unconstitutional to execute a person who is mentally insane
- 18Atkins v. Virginia- Unconstitutional to execute a person who is mentally retarded
- 19Roper v. Simmons- Unconstitutional to execute a person younger than 18 when crime was committed
- 20Leaving Death Row- Average time is 16 years
- FL is 17.5 years
- Most people on death row leave without being executed - 21Issues with Death Penalty- Wrongful Convictions
- Violation of Ring (Hurst v. Florida: capital sentencing scheme violation of 6th amendment that guaranteed right of a jury trial)
- Execution Drugs (Anesthetic, Paralytic Agent, Heart Stopping Drug)
- Drug Shortages (One drug, Midazolam, Fentanyl)
- Execution Methods (firing squad) - 22Marshall Hypothesis- People learn more about the death penalty, public support declines
- Supported by studies finding the once informed about capital punishment's lack of deterrence and its unequal administration, support falls among those who moderately support it
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- Undergrad Corrections Final Exam Flashcards on Corrections Final Exam, created by Emily McGregor on 04/05/2023.
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- Emily McGregor
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