NCJ Number
10777
Date Published
1973
Length
92 pages
Annotation
PROVIDING LEGAL SERVICES IS LEGALLY MANDATED AND PRACTICAL FOR INMATES AND PRISONS AND THIS STUDY SUGGESTS A MODEL PROGRAM AND ADEQUATE PRISON LIBRARY FACILITIES.
Abstract
BASED ON COMPREHENSIVE REVIEW OF PRECEDENTS AND EXPERIENCE, THE RESOURCE CENTER ON CORRECTIONAL LAW AND LEGAL SERVICES CONCLUDES THAT PROVIDING LEGAL SERVICES TO PRISONERS IS GOOD CORRECTIONS AS WELL AS GOOD LAW. THE REPORT RECOMMENDS A MODEL PROGRAM, AND COMPLEMENTARY--BUT INDEPENDENTLY JUSTIFIED---LAW LIBRARY FACILITIES FOR PRISONS. THE REPORT'S CORRECTIONAL PREMISE IS BASED ON STUDIES SHOWING THAT PRISONERS' PRESSING LEGAL PROBLEMS, WHETHER CRIMINAL OR CIVIL, CONTRIBUTE TO THE DIFFICULTY OF COPING WITH LIFE IN AN INSTITUTION. THE MAJORITY OF CORRECTIONAL ADMINISTRATORS BELIEVE THAT PROVISION OF LEGAL SERVICES IS BENEFICIAL. THESE SERVICES 'RELIEVE TENSIONS' AND ASSIST WITH 'EVENTUAL REHABILITATION AND SUCCESSFUL REINTEGRATION INTO SOCIETY'. THERE ARE ALSO INDICATIONS THAT UNRESOLVED LEGAL PROBLEMS ARE AN IMPEDIMENT TO EFFECTIVE PARTICIPATION IN TREATMENT PROGRAMS. THE LEGAL PREMISE IS THAT CORRECTIONAL ADMINISTRATORS HAVE AN AFFIRMATIVE DUTY TO PROVIDE ACCESS TO MEANINGFUL LEGAL SERVICES FOR PRISONERS. PRISONERS HAVE A CONSTITUTIONAL RIGHT OF ACCESS TO COURTS FOR REDRESS OF LEGAL GRIEVANCES. BECAUSE CONFINEMENT NECESSARILY INTERFERES WITH THIS RIGHT, A DUTY ARISES TO MINIMIZE THIS STATE-IMPOSED BARRIER. THE APPENDICES AND ACCOMPANYING TEXT CONCERNING ON-GOING PROGRAMS OF VARIOUS TYPES (LAW SCHOOL CLINIC, VOLUNTEER LAWYER, ETC.) WILL ENABLE THE READER TO MAKE HIS OWN ASSESSMENT OF THE ELEMENTS OF A MODEL LEGAL SERVICES PROGRAM FOR PRISONERS. THE TYPES OF COMPLAINTS FILED BY PRISONERS, THE VARIETY OF LEGAL RESOURCES AVAILABLE THROUGH PROFESSIONAL ATTORNEYS AND LAW LIBRARIES, AND ALTERNATIVE METHODS OF DELIVERING THE SERVICE ARE THOROUGHLY DISCUSSED. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)