NCJ Number
162122
Journal
National Prison Project Journal Volume: 11 Issue: 1 Dated: (Winter 1996) Pages: 1-3
Date Published
1996
Length
3 pages
Annotation
This article notes that there are many prisoner cases before the courts; they take the courts' time; and most are unsuccessful; the authors offer recommendations regarding what can be done to improve the situation.
Abstract
Bills relating to prisons and prisoners are being introduced and passed in State legislatures and the U.S. Congress at an unprecedented rate. Many of these bills are designed to obstruct the bringing of inmate lawsuits against departments of corrections and States. Many of the assumptions motivating these bills are based on misinformation. There is the assumption that most inmate lawsuits are frivolous because they are unsuccessful. Courts currently have the power to dismiss lawsuits that are frivolous early in the court process with very little time involved. Further, the fact that most inmate lawsuits are unsuccessful does not mean they are frivolous; many inmate cases are unsuccessful because the inmates cannot secure attorneys and cannot navigate the technicalities of the court system by themselves. It is true that a small number of inmates cause a large amount of trouble by filing multiple lawsuits with false or repetitive allegations or by challenging actions that do not violate the law. The courts, however, already have ample tools to address these cases. Still, the fact remains that there are a lot of prisoner lawsuits, and they take the courts' time. To help remedy this situation States can create effective prison grievance systems. This means putting the final decision in the hands of a body that is independent of the prison bureaucracy and is capable of enforcing its decisions. Second, legal assistance programs for prisoners should be maintained and, where necessary, created or expanded. Finally, everyone concerned should stop viewing prisoner litigation as a problem to be remedied and acknowledge that it is one part of the system of checks and balances of our constitutional order.