NCJ Number
13022
Journal
FLORIDA UNIVERSITY LAW REVIEW Volume: 26 Issue: 1 Dated: (FALL 1973) Pages: 161-166
Date Published
1973
Length
6 pages
Annotation
UNITED STATES DISTRICT COURT HOLDS THAT ACCESS TO THE COURTS INCLUDES PRISONERS' RIGHT TO LEGAL MATERIALS.
Abstract
THE DECISION IS SIGNIFICANT FOR ITS RECOGNITION THAT ACCESS TO LEGAL RESOURCES IS A COMPONENT OF THE RIGHT OF ACCESS TO THE COURTS AND THAT THE EQUAL PROTECTION CLAUSE REQUIRES A STATE TO PROVIDE LEGAL ASSISTANCE TO INDIGENT INMATES. IN THE PAST DECADE THE INTEGRITY OF THE CRIMINAL PROCESS HAS BEEN BUTTRESSED BY PROVIDING AN ADVOCATE FOR THOSE WHO CANNOT AFFORD ONE. NEVERTHELESS, THE 'PROCESS' DOES NOT END WITH A CONVICTION - INCARCERATION SHOULD ALSO BE INCLUDED WITHIN ITS SCOPE. OUR SYSTEM OF JUSTICE IS COMMITTED TO THE NOTION THAT LEGAL REDRESS SHOULD NOT BE DEPENDANT ON ECONOMIC STATUS. THAT GOAL WILL BE REALIZED ONLY WHEN BOTH THE INDIGENT AND AFFLUENT PRISONER HAVE THE ASSISTANCE OF COUNSEL IN SEEKING POST-CONVICTION RELIEF.