Legal Aspects

How does working in a correctional facility affect the constitutional rights of employees?

If you are sued as a Correctional employee, it will most often be in Federal District Court under which U.S. code?

Liability can be the result of which two events?

What are the three types of use of force?

when correctly used, cannot be made deadly

less likely to cause death or serious bodily injury

force that is reasonably expected to cause serious bodily harm or death

What are the three kinds of negligence?

In order for there to be liability, there must first be ________?

________ negligence can result in compensatory damages to claimant (inmate).

_______ force can only be used to prevent an escape from a medium or higher security facility).

What are the two types of liability?

When correctional employees fail to perform their assigned duties

Holding one person liable for the actions of another

if you have worked "by the book" you can be defended in court by ________?

Prisoners' rights involve censorship of mail, expression within the institution, association within the institution, religion, appearance, visitation rights and grievances.

Court 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 protected

Court 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 materials

Forbids unreasonable searches and seizures and requires that any search or arrest be based on probable cause.

Provides 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.

Court Case Example of ______ Amendment

- basic elements of due process must be present in prison disciplinary proceedings

Cruel 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 amendment

Court 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 crime

Established the superiority of Federal law and requires protection at the state level. States cannot make a law that is contrary to Federal Law.

Supreme 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 counsel

The highest court in the state of Maryland.

The supreme law of the land

The Supreme Court falls under which branch of government?

What are the three classes of monetary damages?

Money 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 anguish

Small amounts of money a court may award when inmates have sustained no actual damages, but there is clear evidence that their rights have been violated

Money 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 victim

Categories of Standards

How often are facilities audited by the commission?

A) 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 noncompliance