NCJ Number
49158
Date Published
1976
Length
8 pages
Annotation
THE GROWTH OF PUBLIC INTEREST LEGAL SERVICES, PARTICULARLY SERVICES FOR PRISONERS, IS TRACED, AND ASPECTS OF THE RELATIONSHIP BETWEEN CORRECTIONS AND THE COURTS ARE DISCUSSED.
Abstract
LAW STUDENT EXTERN PROGRAMS DESIGNED TO SET ASIDE CRIMINAL CONVICTIONS BY DIRECT APPEAL OR HABEAS CORPUS WERE WELCOMED BY PRISON ADMINISTRATORS. BUT IN THE 1960'S, A NEW BREED OF PUBLIC INTEREST LAWYER, CONCERNED WITH GOVERNMENTAL DECISIONMAKING PROCESSES AS WELL AS WITH THE CONTENT OF REGULATIONS, CAME ON THE SCENE. INMATE LEGAL AID PROGRAMS SHIFTED THEIR ATTACKS FROM THE FACT OF CONVICTION TO THE CONDITIONS OF DETENTION. THEY BEGAN TO DEAL WITH INMATE GRIEVANCES, AND THEY CHOSE TO GO TO FEDERAL COURTS FOR RELIEF. BECAUSE THERE IS NO FEDERAL LAW OF CORRECTIONS APPLICABLE TO THE STATES, IN ORDER TO OBTAIN FEDERAL INTERVENTION UNDER THE FEDERAL CIVIL RIGHTS ACT IT WAS NECESSARY TO ALLEGE THE DENIAL OF A FEDERAL CONSTITUTIONAL RIGHT, SUCH AS FREEDOM OF RELIGION, FREEDOM OF SPEECH, AND FREEDOM FROM CRUEL AND UNUSUAL PUNISHMENT. CORRECTIONAL ADMINISTRATORS FOUND THEMSELVES BEING ACCUSED OF FUNDAMENTALLY UNCONSTITUTIONAL ACTS AND REACTED WITH SHOCK. AMICABLE RELATIONS BETWEEN PRISON STAFF AND STUDENT VOLUNTEERS COOLED, AND REGULATIONS ONCE LENIENTLY APPLIED WERE AGAIN STRICTLY ENFORCED. PRISON ADMINISTRATORS ARE URGED TO INVOLVE INMATES AND THE PUBLIC IN THEIR DECISONMAKING PROCESSES, THE HIRING OF LEGAL COUNSEL BY PRISONS AND THE APPOINTMENT OF LITIGATION COORDINATORS ARE RECOMMENDED. THE PROBLEM OF COURT-AWARDED LEGAL FEES FOR PUBLIC INTEREST LAWYERS IS CONSIDERED, AS IS THE RELATIONSHIP OF THE PUBLIC DEFENDANT AND THE PUBLIC INTEREST PLAINTIFF. THE RELATIONSHIP BETWEEN STATE CORRECTIONAL INSTITUTIONS AND LOWER FEDERAL COURTS IS DISCUSSED. IT IS ARGUED THAT THE JURISDICTION OF THESE COURTS ENDS WHEN THEY HAVE INSURED THAT THE CONSTITUTIONAL MINIMA AS DELINEATED BY THE U.S. SUPREME COURT HAVE BEEN RESPECTED BY STATE CORRECTIONAL INSTITUTIONS. (LKM)