NCJ Number
90553
Editor(s)
A J Bronstein
Date Published
1976
Length
225 pages
Annotation
This Prisoners' Self-Help Litigation Manual considers the working of the judicial system, legal research, the law of prisoners' rights, judicial remedies for violations of prisoners' rights, Federal rules of civil procedure, parole, postconviction relief, detainers and jail-time credit, and protection from retaliation.
Abstract
After portraying the structure of the legal system, attention is given to how courts decide cases, the processing of pro se complaints and petitions, and proper appellate procedure. The tools of legal research and how to make the most effective use of research are then considered, and an overview of the law of prisoners' rights is divided into categories according to the particular area or constitutional amendment involved. A detailed discussion of how to pick out and use legal standards and court-announced tests is provided, using cases dealing with the first amendment. The different kinds of actions that may be brought by State or Federal prisoners are discussed, together with the requirements for each kind of action. Additionally, the standards for obtaining damages or speedy action from the courts are presented. A detailed explanation of the more important Federal rules of civil procedure is included, along with a discussion of the problems encountered in pro se litigation associated with discovery and how to deal with these problems. Following a discussion of parole release consideration and parole revocation hearings, an overview is provided of postconviction problems and remedies. The concluding chapters delineate the proper procedures and standards that apply in attacking detainers and obtaining jail-time credit and ways to protect oneself from retaliation when working to obtain legal relief for oneself and others. The appendixes contain forms used in various types of litigation. A subject index is provided. A bibliography includes materials dealing with discovery.