NCJ Number
70076
Journal
KANSAS LAW REVIEW Volume: 18 Issue: 3 Dated: (Spring 1970) Pages: 493-628
Date Published
1970
Length
138 pages
Annotation
This article explores the extent to which legal assistance is needed in the penitentiary context, and examines the legal arguments for providing counsel in various types of correctional hearings and proceedings.
Abstract
The contributions of currently existing methods of providing legal aid to prisoners are evaluated, with special reference to the work and impact of the several law school programs. Functional problems in establishing and operating a legal assistance program for prison inmates are analyzed. Some recommendations toward maximizing the potential of existing legal services to prison inmates are also made. Suggestions that each State establish a statewide appellate and postconviction defender office and that the Federal Government establish a similar office on a nationwide scale are substantiated. The administrative structure and function of such offices are outlined. Law student programs are described that could provide complete interviewing, counseling, and advice to inmates. Observations focus on the establishment of law school prison legal aid programs, with a description of the Emory Project and considerations regarding the establishment of a legal aid project. Attention is given to the desirability of an interviewing-counseling program versus a correspondence project and to the conflict between the service and educational purposes of a law student project. Remarks are also included on overcoming unauthorized practice-of-law problems, actions against prison officials, controlling and managing the work load of a legal aid program, gathering factual information in postconviction collateral cases, and financing. A table of law school programs for prisoners, the charter of the Emory University Legal Assistance for Inmates Program, and 730 footnotes are provided.