PRISONER MUTUAL LEGAL ASSISTANCE AND ACCESS TO THE COURTS - RECENT DEVELOPMENTS AND EMERGING PROBLEMS

• NCJ Number: 5253
• Journal: Hastings Law Journal Volume: 23 Issue: 4 Dated: (APRIL 1972) Pages: 1089-1109
• Author(s): J T FOUSEKIS
• Date Published: 1972
• Length: 21 pages
• Corporate Author: University of California
• Publication Format: Article

Annotation

JUDICAL DECISIONS WHICH HAVE CURTAILED RESTRICTIONS ON INMATES WHO ADVISED OTHER PRISONERS ON LEGAL MATTERS AND THE PROBLEMS OF PROVIDING COUNSEL FOR INDIGENT CONVICTS.

Abstract

WHEN A HABEAS CORPUS PETITION RAISES A SUBSTANTIAL ISSUE CONCERNING THE CONFINEMENT OF AN INDIGENT PRISONER OR THE CONDITIONS OF HIS CONFINEMENT, THE COURT APPOINTS COUNSEL TO REPRESENT HIM IN THE ENSUING PROCEEDINGS. THE FACT THAT MOST INDIGENTS HAVE NO COUNSEL AT THE INITIAL STAGE, THE TIME A PETITION IS FILED, PRESENTS A SIGNIFICANT DISABILITY. IT HAS BEEN PRIMARILY TO FILL THIS GAP THAT PRISONERS HAVE TURNED TO THEIR OWN RANKS, AND THE JAILHOUSE LAWYER HAS EMERGED. PRISON OFFICIALS TENDED TO VIEW THE JAILHOUSE LAWYERS AS DISRUPTERS OF PRISON DISCIPLINE, AND FORMULATED MANY RESTRICTIONS ON THEM. THE AUTHOR EXAMINES THE RECENT CASE LAW IN THE AREA, WHICH HAS LIFTED MANY OF THE BANS ON THE ACTIVITIES OF INMATE ADVISORS. HE ALSO INDICATES THE SPECIAL PROBLEMS OF PROVIDING ADEQUATE COUNSEL FOR THE INDIGENT PRISONER, AND SUGGESTS POSSIBLE PROGRAMS FOR GUARANTEEING CONCRETE AND PERMANENT ASSISTANCE FROM THE BAR.