TREND OF STATE AND FEDERAL CASE LAW IS TOWARD JUDICIAL APPROVAL OF PRISONER ASSERTED RIGHTS.
INMATES HAVE HISTORICALLY HAD A RIGHT OF ACCESS TO THE COURTS, ALTHOUGH THIS FUNDUMENTAL RIGHT HAS BEEN RESTRICTED BY INSTITUTIONAL REGULATIONS THAT HAVE HAMPERED PRISONER COMMUNICATIONS. THE COURTS, IN ADDITION, HAVE HELPED PERPETUATE THIS PROBLEM BY ADOPTING A 'HANDS OFF' POLICY TOWARDS THESE RESTRICTIVE REGULATIONS. THE TREND TODAY, HOWEVER, APPEARS TO BE TOWARDS CLOSER JUDICIAL SCRUTINY OF THESE PENAL REGULATIONS. THE EMERGING RIGHTS THAT ARE RESULTING FROM THIS SCRUTINY INCLUDE A FREER, UNCENSORED FLOW OF MAIL FROM THE PRISONER TO COURTS, COUNSEL, PUBLIC OFFICIALS, OR WITNESSES. PUNISHMENT OF PRISONERS FOR ABUSES OF MAILING RIGHTS, AND VIOLATION OF REGULATIONS NECESSITATED BY SUCH COMPELLING STATE INTEREST AS TIME, PLACE, AND DURATION OF LEGAL ASSISTANCE BY INMATES, MAY BE CONDONED. THIS CANNOT RESTRICT REASONABLE OPPORTUNITY FOR PRISONERS TO MEET WITH COUNSEL OR TO OBTAIN LEGAL MATERIALS.
Downloads
Similar Publications
- Audit of the Office of Justice Programs Victim Assistance Funds Subawarded by the Florida Department of Legal Affairs to Speak Up for Kids of Palm Beach County, Inc., West Palm Beach, Florida
- A Multi-Stream Fusion Approach with One-Class Learning for Audio-Visual Deepfake Detection
- Parent Attitudes, Comfort, and Perceptions About Dating Violence: The Moderating Effect on Son Report of Parent Openness to Communicate