NCJ Number
62112
Date Published
1979
Length
29 pages
Annotation
THE NEED FOR ALTERNATIVE LEGAL SYSTEMS TO AID INMATES, THE ETHICAL RESPONSIBILITY OF ATTORNEYS TO CREATE SUCH SYSTEMS, AND A THEORETICAL AND PRACTICAL MODEL LEGAL DELIVERY SYSTEM FOR INMATES ARE DISCUSSED.
Abstract
COURT DECISIONS HAVE MADE IT CLEAR THAT INMATES' RIGHT OF ACCESS TO THE COURTS MUST BE GUARANTEED BY STATES AND THE FEDERAL GOVERNMENT. THE COURT DECISIONS ONLY HAVE MEANING IF GOVERNMENTS AS WELL AS THE PRIVATE BAR DEVELOP EFFECTIVE DELIVERY SYSTEMS FOR DEALING WITH INMATE LEGAL NEEDS. THE NATURE AND COMPREHENSIVENESS OF INMATE LEGAL NEEDS ARE SUCH THAT A SPECIALIZED FIELD OF CORRECTIONAL LAW SHOULD BE DESIGNATED. CORRECTIONAL LAW NOT ONLY EMBRACES POSTCONVICTION REMEDIES BUT ALSO INCLUDES ISSUES OF PRISONERS' RIGHTS, CONDITIONS, TREATMENT, ETC. BECAUSE CORRECTIONAL LAW IS A FUSION OF LEGAL, SOCIAL, PSYCHOLOGICAL, AND POLITICAL PHENOMENA, COUNSEL MUST DEAL WITH OTHER THAN STRICTLY LEGAL FACTORS IN INFLUENCING ADMINISTRATIVE AND JUDICIAL DECISIONS. THE CENTER FOR CORRECTIONAL MANAGEMENT--A COMMERCIAL CONSULTING FIRM PROVIDING TECHNICAL ASSISTANCE IN MATTERS RELATING TO PRISON, PAROLE, AND POSTCONVICTION REMEDIES--HAS DEVELOPED SPECIALIZED APPROACHES TO THE ADMINISTRATION OF CORRECTIONAL LAW. RATHER THAN DEALING WITH ISSUES STRICTLY IN THE CONTEXT OF LEGAL FORMATS, THE CENTER FOR CORRECTIONAL MANAGEMENT MAINTAINS REGULAR CONTACT WITH STAFF MEMBERS OF THE FEDERAL CORRECTIONAL SYSTEM TO FACILITATE THE HANDLING OF MOST INMATE ISSUES THROUGH COOPERATIVE ADMINISTRATIVE ACTIONS RATHER THAN ADVERSARIAL LEGAL CONFRONTATIONS. THIS TECHNIQUE HAS BEEN PARTICULARLY EFFECTIVE REGARDING ISSUES OF INMATE RIGHTS. (RCB)