Inmate Litigation Trends and Constitutional Issues (From U.S. Sentencing Guidelines: Implications for Criminal Justice, P 201-215, 1989, Dean J. Champion, ed. -- See NCJ-121135)

• NCJ Number: 121146
• Author(s): J W Palmer
• Date Published: 1989
• Length: 15 pages
• Sale Source: Praeger Publishers
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

After reviewing trends in inmate litigation under sentencing guidelines, this chapter suggests ways that such litigation can be reduced.

Abstract

Mistretta v. United States (1989) has upheld the constitutionality of the U.S. sentencing guidelines. One result of this decision is that the guidelines will be fully implemented and convicted offenders will receive longer prison sentences. By 1997 the Federal prison population is expected to increase from 42,000 to 92,000. As the inmate population rises, history teaches there will be a corresponding increase in inmate lawsuits involving appeals and civil actions challenging confinement conditions. Several suggestions have been offered to reduce inmate litigation. One is to increase the use of alternative dispute settlement techniques in the prisons, and another is to consolidate suits through class actions so as to reduce the total number of suits and adjudicate common problems in a single suit. Also, a comprehensive legal program within a prison can alleviate many problems that would otherwise end up in Federal courts. Since most civil rights cases are filed pro se, inmates frequently do not understand the legal process or do not have appropriate legal assistance when they prepare their civil complaints. As part of a prison litigation clinic or inmate assistance program, the "jailhouse lawyer" can be controlled if not eliminated. 5 notes.