Locate a publication called "Challenging the Conditions of Prisons and Jails: A Report on Section 1983 Litigation," and answer the following questions. The report may be located by visiting the Bureau of Justice Statistics Web site at http://www.ojp.usdoj.gov/bjs/welcome.html, or it may be available in the government documents section of your university library.
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1 | | How was the research on Section 1983 lawsuits for this report conducted? |
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2 | | Find your state on Table 1. How many Section 1983 lawsuits were filed in your state in 1991? What was the rate per 1000 prisoners? |
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3 | | The central conclusion of this study was that “there are important gradations in Section 1983 litigation.” What does this statement mean? |
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4 | | According to the report, “courts must balance prisoners’ constitutional rights against the fundamental interests of prison and jails.” What are the three “fundamental interests” identified? |
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5 | | According to Table 3, what are the top three most common issues raised by inmates in Section 1983 lawsuits? |
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6 | | Table 4 describes the manner of disposition of Section 1983 lawsuits. What does "disposition" mean in this context? What percentage of cases actually make it all the way to a trial verdict? |
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7 | | Inmates are not entitled to legal counsel in Section 1983 lawsuits—explain why. |
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8 | | Although inmates occasionally “win” Section 1983 lawsuits, and occasionally receive monetary rewards, these awards are typically smaller than the multi-million dollar awards that are publicized in the media. What are the two reasons for the disparity between what usually happens and what is reported in the press? |
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