MISCELLANEOUS
True or false. Inmates with intellectual disabilities (prevalence of 7-10%) have a constitutional right to rehabilitation in prison
False
Examined under what conditions antipsychotic medications could be administered against an inmate's will
Washington V Harper
494 U.S. 210 (1990)
Involuntary medication can be given when there is danger to self or others or grave disability. Internal administrative hearing is sufficient due process
A period of conditional release following a prison term
Answer: Parole
Probation is a form of supervision granted instead of incarceration and parole is granted after an individual has served time in prison.
Deliberate indifference to serious illness or injury of prisoners violates this Amendment.
8th Amendment.
Constitutes cruel and unusual punishment and violates 8th Amendment.
Most common method of completing suicide in a correctional setting
Hanging
BJS Statistics:During 2010-19, suffocation, including hanging and self-strangulation, accounted for nearly 90% of suicide deaths in local jails.
Land mark case that set guidelines regarding the transfer of an inmate from a correctional facility to a psychiatric facility
Vitek v Jones
445 U.S. 480 (1980)
Addressed if prisoners due rights process were violated when transferring from prison to psychiatric hospital without administrative hearing
Vitek v Jones
445 U.S. 480 (1980)
An individual appointed in prison condition cases to oversee court mandated remedial measures
Answer: Special Master
Cannot confine an inmate in a prison psychiatric facility beyond his release date without judicial determination of mental illness and dangerousness
14th Amendment
True or False. Suicides in jails are evenly distributed from the first few days of confinement to over several months of confinement
True
Studies no longer indicate that the majority of victims commit suicide in the first 24 hours
The most common diagnosis in both male and female offenders in a correctional setting
Substance Use Disorder
First to equate mental health care with medical treatment in the correctional setting
Bowring v Goodman
551 F.2d 44 (1977)
Law passed by Congress in 1996 to reduce frivolous lawsuits and allow corrections officials to address issues before litigation
Answer: Prison Litigation Reform Act (PLRA)
PLRA has several provisions that make it more difficult for prisoners to file civil cases; fees, screening of complaints, expansion of the court's ability to dismiss complaint on its own (sub sponte) & does not allow prisoner to bring legal action under section 1983 until available administrative remedies are exhausted
Involuntary transfer of a prisoner to a mental hospital impinges on the liberty interest protected by this amendment
Due Process Clause of the 14th Amendment.
Within the prison system, this race has the highest percentage of completed sucides
Whites
White prison inmates were on average 3 times more likely than blacks and 1.3 times more than hispanics
Males were 1.5 times more likely than females
Violent offenders had higher incidents than non-violent offenders
Established that convicted prisoners have a constitutional right to medical treatment
Estelle v Gamble
429 U.S. 97 (1976)
Deliberate indifference to serious illness or injury constitutes cruel and unusual punishment
Examined the issue regarding the commitment procedures required to keep a prisoner in a psychiatric hospital at the end of his criminal sentence
Baxstrom v Herold
383 U.S. 107 (1966)
Prison inmates who are excluded from programs, services or activities because of their disabilities can sue under this act
Answer: Title II of the ADA (1990)
US Supreme Court concluded that visual body cavity inspections can be conducted on inmates even if correctional officers do not have any particular reason to believe an inmate is trying to smuggle contraband.
4th Amendment.
Bell v Wolfish(1979). The 4th Amendment protects "persons, houses, papers and effects" from "unreasonable searches and seizures."
True or False. According to the Sexual Victimization Report (Buehler 2021), with respect to substantiated incidents of sexual victimization, 90 percent were perpetrated by other inmates and 10 percent were perpetrated by staff
False.
Staff sexual victimization is much higher. It accounts for 42% while inmate victimization accounts for 58%
True or False. 15% to 24% of US inmates have a severe mental illness
True
Clarified the mens rea required for the establishment of deliberate indifference
Farmer v Brennan
511 U.S. 825 (1994)
Mens rea is one of subjective(criminal) recklessness. Prison official may be held liable for acting with "deliberate indifference" only if he knows that the inmate faces a substantial risk of serious harm and disregards it.
Federal Law passed in 1980 to protect the rights of people in institutions owned operated or managed by state or local government
Answer: Civil Rights of Institutionalized Persons ACT (CRIPA)
CRIPA gives the civil rights division of the DOJ the authority to investigate and take action against institutions that violate the civil rights of its residents. Allows the AG to intervene in civil rights suits brought by inmates.
Convicted criminals have a constitutional right to medical care
8th Amendment
True or False. According to Alper and Durose (2018), 68% of prisoners are re-arrested within 3 years after release from prison.
True
Property offenders are more likely to be arrested for a new crime compared to drug and violent offenders