NCJ Number
55652
Journal
American Bar Foundation Research Journal Volume: 1978 Issue: 4 Dated: (FALL 1978), ENTIRE ISSUE
Date Published
1978
Length
79 pages
Annotation
THIS STUDY OF THE LEGAL PROBLEMS OF PRISONERS AND PATIENTS REVEALS A WIDE RANGE OF NEEDS OF INSTITUTIONALIZED PERSONS, AND SUGGESTS A NEW ROLE FOR ATTORNEYS IN PROVIDING FOR THOSE NEEDS.
Abstract
FIELD INTERVIEWS WERE CONDUCTED WITH THE PATIENTS AND PRISONERS OF TWO MENTAL HOSPITALS AND TWO PENITENTIARIES IN ILLINOIS TO ASSESS THE FEASIBILITY OF FUTURE, DEFINITIVE RESEARCH INTO THE PROBLEMS AND NEEDS OF INSTITUTIONALIZED PERSONS. ALTHOUGH THE INTERVIEW PROCESS WAS EXPLORATORY, SEVERAL DEFINITE CONCLUSIONS EMERGED. A CLEAR NEED FOR ATTORNEYS AT THE INSTITUTIONS IS PERCEIVED IN THE ROLE OF ADVOCATE FOR THE INSTITUTIONALIZED. THIS ROLE LIKELY REQUIRES THE ONSITE PRESENCE OF THE ADVOCATE AT THE INSTITUTIONS, TOGETHER WITH SUPPORT PROFESSIONALS AND STAFF. THE SCOPE AND SUBSTANCE OF THE LAWYER'S ROLE WOULD BE MODIFIED TO A LESS ADVERSARIAL NATURE. MANY OF THE PROBLEMS OF THE INTERVIEWEES HAD A LEGAL DIMENSION. BOTH IN THE IMMEDIATE PROBLEMS OF CONVICTION, SENTENCING OR COMMITMENT, AND IN PERSONAL CONFLICTS BETWEEN INMATES AND FAMILIES, THE ASSISTANCE OF AN ADVOCATE WOULD BE EFFECTIVE. BECAUSE OF THE LARGE VOLUME OF THE POTENTIAL WORKLOAD, FURTHER STUDIES OUGHT TO EXAMINE THE BEST SERVICE DELIVERY METHODS, RATHER THAN FOCUS ON NEED PERCEPTIONS. SPECIFIC PROBLEMS THAT WERE INDICATED INCLUDE APPARENT DISCRIMINATION, ACCESS TO WORK OPPORTUNITIES, AND GOVERNMENT BENEFITS. THE ESTABLISHMENT OF ACTION PROGRAMS THAT WOULD PROVIDE QUALITATIVE DATA ON THE LEGAL NEEDS OF PERSONS IS RECOMMENDED. SUCH PROGRAMS COULD PROVIDE INFORMATION FOR FUTURE PROJECTS WHILE SUPPLYING BASIC LEGAL SERVICES. TABULAR DATA AND FOOTNOTES ARE PROVIDED. (TWK)