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Legal Issues in Corrections MCQ

The courts have ruled in favor of using reverse engineering to _____.

Open source software

Open source license

Inventions

Enable interoperability

Answer

Correct Answer: Enable interoperability

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One opponent of the dmca is the ____.

MPAA

RIAA

EFF -

SOPA.

Answer

Correct Answer: EFF -

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A legal system is needed to serve all of the following purposes except _____.

To codify government institutions

Religion

Great Britain

Answer

Correct Answer: To codify government institutions

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The Prison Litigation Reform Act was enacted to ______.

Provide prisoners with habeas corpus rights

Allow prisoners the right to petition

Place state prisons under the supervision of the federal system

Limit prisoners’ access to federal courts

Answer

Correct Answer: Limit prisoners’ access to federal courts

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Section _____ Suits is a mechanism for state prison inmates to sue state officials in federal court regarding their confinement and their conditions of confinement.

1983

1984

1985

1986

Answer

Correct Answer: 1983

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The principle that laws, not people, govern and that no one is above the law is known as _____

Rule of court

Rule of law

Rule of God

Rule of justice

Answer

Correct Answer: Rule of law

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Hands Off Doctrine is an early American court-articulated belief that the judiciary should not interfere with the _____ of prisons.

Management

Administration

Both

None

Answer

Correct Answer: Both

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Habeas Corpus is a Latin term meaning “you have the_____.”

Body

Brain

Soul

All of these

Answer

Correct Answer: Body

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_____ Amendment guarantees the right to be free from unreasonable searches and seizures.

First

Fourth

Eighth

Fourteenth

Answer

Correct Answer: Fourth

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______ Amendment contains the due process clause, which declares that no state shall deprive any person of life, liberty, or property without due process of law.

First

Eighth

Fourteenth

Tenth

Answer

Correct Answer: Fourteenth

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First Amendment guarantees freedom of religion and _____

Speech

Press

Assembly

All of these

Answer

Correct Answer: All of these

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Constitutional amendment that forbids cruel and unusual punishment is known as ______ Amendment.

First

Eighth

Fourteenth

Tenth

Answer

Correct Answer: Eighth

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Deference Period is the period of time when there was a partial return to the hands-off approach. It refers to the courts’ willingness to defer to the ______ of the authorities.

Expertise

Needs

Both

None

Answer

Correct Answer: Both

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Death penalty Information Center is a major (partisan) source of information on the death penalty in the_____ .

Europe

Asia

Answer

Correct Answer: US

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Civil rights Claim is a “Section_____ ” claim that a person has been deprived of some legally granted right.

1983

1984

1985

1986

Answer

Correct Answer: 1983

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Statutes in former times mandating that convicted felons lose all citizenship rights refers to Civil Death Statuses.

True

False

Answer

Correct Answer: True

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Brutalizing effect is the assumption that executions, rather than deterring homicides, actually decrease homicides following the executions.

True

False

Answer

Correct Answer: False

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Bill of Rights refers to the first _____ amendments to the U.S. Constitution.

Answer

Correct Answer: 10

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The case of Cooper v. Pate established that ______.

Inmates could no longer sue for rights violations in state courts

Inmates could not be unreasonably searched

Prison officials could not violate an inmate’s right to privacy

State inmates could sue state officials in federal court

Answer

Correct Answer: State inmates could sue state officials in federal court

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The Kansas Sexually Violent Predator Act allowed for the ______ of inmates who were convicted of sex crimes.

Capital punishment

Civil commitment

Release

Adjudication

Answer

Correct Answer: Civil commitment

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The double standard with regard to cross-gender searches is justified on all of the following assumptions EXCEPT ______.

Male staff searching female inmates

Male staff searching male inmates

Female staff searching female inmates

Female staff searching male inmates

Answer

Correct Answer: Male staff searching female inmates

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The Fourth Amendment does not apply universally to inmates because ______.

The safety of prisoners is paramount

Inmates do not have the right to profit

What is reasonable within the walls of prison may be different than what is reasonable beyond those walls

Maliciously and sadistically applied punishment is difficult to prove

Answer

Correct Answer: What is reasonable within the walls of prison may be different than what is reasonable beyond those walls

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The Antiterrorism and Effective Death Penalty Act ______.

Eliminated a domestic terrorist's right to a fair trial

Effectively limited prisoners’ right to habeas corpus

Eliminated an offender’s right to be charged with a capital offense

Made the death penalty legal for certain offenses

Answer

Correct Answer: Made the death penalty legal for certain offenses

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The Fourth Amendment guarantees ______.

Freedom of speech

Freedom of religion

Freedom from unreasonable searches and seizures

Freedom from cruel and unusual punishment

Answer

Correct Answer: Freedom from unreasonable searches and seizures

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A majority of habeas corpus grievances today are concerned with ______.

Conditions of confinement

First Amendment issues

Fourth Amendment issues

Fifth Amendment issues

Answer

Correct Answer: Conditions of confinement

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The Eighth Amendment has been interpreted to require prison officials to provide educational programming.

True

False

Answer

Correct Answer: False

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Following Cooper v. Pate, section 1983 suites and habeas petition came to a screeching halt.

True

False

Answer

Correct Answer: False

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Civil death statutes cause convicts to lose their rights to vote, hold public office, and even marry.

True

False

Answer

Correct Answer: True

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The Eighth Amendment prohibits cruel and unusual punishment.

True

False

Answer

Correct Answer: True

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Prohibition of bills of attainder means that you cannot be punished for something that was not against the law at the time you committed the act.

True

False

Answer

Correct Answer: False

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The rule of law has been called “the most important legal principle in the world.”

True

False

Answer

Correct Answer: True

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The hands-off doctrine prevailed because the executive branch saw corrections as largely a judicial branch power.

True

False

Answer

Correct Answer: False

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