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12 Cards in this Set

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Estelle v. Gamble (1976)

A ruling by the SCOTUS that deliberate indifference to an inmate's serious medical needs could result in a successful Section 1983 lawsuit, but medical malpractice did not rise to that standard.

Hudson v. Palmer (1984)

A landmark SCOTUS decision in which the Court determined that inmates do not have a reasonable expectation of privacy in their living quarters, thus suspicionless searches are not unreasonable.

Johnson v. Avery (1969)

A landmark SCOTUS decision that articulated the right of access to the courts.

Political Right

The right to participate in the selection and operation of government, such as the right to vote; these rights are severely curtailed when a person is convicted of a crime and sent to prison.

Right to Access to the Courts

A right of inmates that is not specifically described in the Constitution; articulated by the Supreme Court based on several provisions of the Bill of Rights.

Right to Assemble

The First Amendment guarantees the right of the people to gather together, so long as they do so peacefully.

Right to be Free from Cruel and Unusual Punishment

A right guaranteed by the Eighth Amendment; what constitutes cruel and unusual punishment tends to evolve over time.

Right to Free Speech

The First Amendment guarantees the right of the people to share their ideas with others; often referred to as the freedom of expression.

Right to the Free Exercise of Religion

A right guaranteed by the First Amendment, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

Right to Vote

As a general rule, all Americans have the right to vote in government elections; the voting rights of persons convicted of crimes vary from state to state.

Shakedown

A thorough search of a prisoner's person or cell.

Wolff v. McDonnell (1974)

A SCOTUS decision in which the court held that prisoners have specific due process rights in prison disciplinary proceedings, such as written notice of charges, a written statement of evidence, and the right to present evidence and call witnesses.