Quiz

Question 1 

When a prisoner is subjected to excessive force while in prison during a routine inmate search by guards, that prisoner may file an action based on excessive force in violation of the 4th Amendment, Freedom from Unreasonable Searches & Seizures”    

• True
• False

Question 2 

 At the general level, administrators and supervisors of detention and corrections facilities are required to recognize the risk of suicide by detainees and to provide for regulations and procedures that minimize that risk  

• True
•  False

Question 3 

In a negligence case against a jail or prison filed by an  inmate based on negligent conditions in the jail, the defendant cannot use comparative negligence defense since the jail or prison is a housing facility and they are strictly liable for the conditions within the facility

• True
•  False

Question 4

Supervisory liability can exist under a 42 USC 1983 action against prison managers for the acts of their subordinates

• True
•  False

Question 5 

Prisons and jails should document the medical condition of all prisoners upon intake of the person even if they do not show any signs of medical problems  

Question 5 options:

• True
• False

Question 6 

Federal consent judgments against law enforcement agencies can only exist if there is a federal lawsuit filed against a law enforcement agency  

• True
• False

Question 7 

Independent monitors or commissions come into existence via federal consent judgments against law enforcement agencies 

• True
•  False

Question 8

Civilian Review Boards in the USA are all given wide power to regulate and inspect police departments and go beyond advisory roles   

• True
• False

Question 9 

The public has a 1st Amendment right to film police officers on duty in public spaces, so long as they are not obstructing justice or interfering with the police officer’s activities 

• True
• False

Question 10

Sovereign Citizens are generally supportive of police exercising police power over them 

• True
•  False

Question 11 

As to inmates that are in prison and have been adjudicated guilty of crimes and serving their sentences: 

• They do not have religious rights after conviction
• They can use the 4th Amendment if their punishment is in the form of unreasonable searches by guards that include constant strip searches as the 4th Amendment prevents “unreasonable searches & seizures”
• They lose their “Due Process” rights completely with regards to their complaints about their treatment in the jail/prison system since their criminal case is now over and they have been sentenced
• None of the above responses are correct

Question 12 

Duties upon prison/jail management and staff are 

• A duty to provide inmates with reasonable protection against foreseeable risks of attack by other prisoners
• A duty to provide for adequate medical care and other basic services that affect the health and safety of inmates
• A duty to take precautions that are reasonably calculated to reduce the risk  of self-inflicted harm relative to inmates that show a high potential for suicidal behavior
• All of the above are correct responses  

Question 13 

 Inmates lose the following when incarcerated: 

• The right to access to legal materials
• 1st Amendment Freedom of Religion
• The right to sue for the tort of invasion of privacy against the prison staff  
• 8th Amendment protections

Question 14 

 As to the use of private prisoner transportation companies:

• Jails or prisons should not seek indemnification agreements or provisions within their service agreement that call for indemnification by these private transportation companies because that exposes the jails or prisons to more liability
• Jails and prisons should avoid monitoring  or inspecting the private transportation companies’  operations so that if something goes wrong, the jails and prisons are virtually immune from liability
• Jails or prisons run by the government cannot use these companies because they are not governmental entities
• Jails and prisons should make sure that complaints against the private prisoner transportation company by inmates are investigated

Question 15

Operation of jail or prison phone calls to inmates from outside of the institution:

• Can be monitored without a warrant
•  The fees charged have been subject to the Federal Communications Commission (FCC) rate caps
• Are seen as a way to help reduce inmate recidivism
• All of the above are correct responses  

Question 16 

 Civilian Review Boards are generally 

• On the rise across the USA
• Are a way for civilians to participate in the operations of law enforcement agencies
• Have a wide difference in the way they are structured and the authority they hold
• All of the above are correct responses

Question 17 

 As to documents generated by law enforcement agencies: 

• Not all documents are public record
• All documents are considered public records, but may be exempted from public disclosure due to their nature or content
• Public records laws do not apply to law enforcement agencies because they are exercising police force and their documents must remain confidential to safeguard their criminal intelligence and investigative technique
• Each state’s public records laws are very similar to FOIA

Question 18 

 Videotaping of law enforcement by the public via cell phones: 

• Is on the decline of by the general public
• can be seized and the footage  reviewed by police without a warrant in most cases because they may contain valuable evidence.
• Can be subject to reasonable time and place restrictions    
• Can never be restricted because they are a form of the photographer is exercising their absolute 1st Amendment right.

Question 19 

Body cameras worn by police: 

• Involve privacy issues when they are used in operation 24 hours a day  
•  Are not considered public records  as they are films
•  Are being fully embraced by police unions
•  Always reflect an accurate full account of the incident

Question 20 

 Civilian participation in law enforcement. 

• Allows the police and citizenry to interact with each other and generally a healthy positive thing in a free society
• Does expose a law enforcement agency to civil liability exposure  at times
• Comes in many forms, including police ride-along programs, civilian review boards, and civilian police academies and citizen on patrol programs
• All of the above are correct responses