CJ_471_Final_Exam_Review_Sheet

CJ_471_Final_Exam_Review_Sheet - CJ 471 Final Exam Review...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
CJ 471 Final Exam Review Sheet Difference between “social contract theory” and “natural rights theory” in thinking about prisoners’ rights o Social Contract Theory – A philosophy of rights based on the idea that people lose their claim to society’s benefits if they violate society’s rules. o Natural Rights Theory – The philosophy of rights underlying the US Consititution and based on the idea that all human beings, whether good or bad, are entitled to protections against improper government actions. What is each of the following and what is the difference between them? Appeal, sec. 1983 lawsuit, habeas corpus petition o Habeas Corpus Petition - A petition filed by an offender who has been unsuccessful in the appellate process but who wishes to allege that his or her federal constitutional rights were violated during the investigation and prosecution of a criminal case. This petition permits a federal judge to review prior actions and decisions in state criminal cases. With habeas, you merely have to exhaust your appeals Potential path to freedom Potentially appeals to all prisoners See everyone else doing and want to do it so they don’t lose their chance Time limit Unintended consequences Decisions of Congress, litigation o Create for one thing, but has a very different effect o Inadvertently heightened awareness of deadlines Most frequent claim Ineffective counsel One of the hardest things to prove No right to counsel o Section 1983 Lawsuit – Federal statute used by prisoners to file lawsuits against state prison officials alleging that those officials violated the prisoners’ constitutional rights. In order to file a section 1983 case, you have all the exhaustion process to go through Be able to articulate rights violations that they are going to sue the correction officer for 1
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
No right to counsel o Appeal –Must claim that the trial court made an error in applying the law or in following legal procedure. Does not examine evidence or guilt; simply looks to see if there was some error serious enough to warrant a new trial. Right to counsel for first appeal Moving from state court to federal does not guarantee representation Limited Time limited Stateville: factors influencing transformation from old style to new environment: 1) rise of racial consciousness; assertiveness of prisoners; 2) intrusion of legal values-institutions-rules-bureaucratization; 3) college educated administrators and greater control from central corrections headquarters (rather than wardens in complete control of their own prisons) Relevant rights in Bill of Rights; 1 st Amend: speech, establishment of religion, free exercise of religion, association (1 st amend issues include correspondence, access to magazines/newspapers) 4 th Amendment: unreasonable search 5 th Amend: privilege against compelled self-incrimination and, for federal institutions: due process 8 th Amendment:
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 14

CJ_471_Final_Exam_Review_Sheet - CJ 471 Final Exam Review...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online