PRISONERS' RIGHT OF ACCESS TO THE COURTS - A COMPARATIVE ANALYSIS OF HUMAN RIGHTS JURISPRUDENCE IN EUROPE AND THE UNITED STATES

• NCJ Number: 61120
• Journal: JOURNAL OF INTERNATIONAL LAW AND ECONOMICS Volume: 13 Dated: (1978) Pages: 1-39
• Author(s): A LUINI DELRUSSO
• Date Published: 1978
• Length: 39 pages
• Corporate Author: George Washington University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: PAPER FIRST PRESENTED AT A HUMAN RIGHTS SYMPOSIUM HELD AT DUKE UNIVERSITY SCHOOL OF LAW ON FEB 24-25, 1978

Annotation

AN OVERVIEW OF THE INTERNATIONAL APPROACH TO PROTECTION OF INMATES' RIGHTS IN GENERAL AND THEIR RIGHT OF ACCESS TO THE COURTS IN PARTICULAR IS PRESENTED, WITH ATTENTION TO THE EUROPEAN AND AMERICAN APPROACHES TO THE ISSUES.

Abstract

WITHIN AN EXPANDING INTERNATIONAL AWARENESS OF INMATES' RIGHTS, INMATES' UNFETTERED ACCESS TO THE COURTS REMAINS CENTRAL. UNITED STATES' COURTS HAVE RECOGNIZED THAT THIS ISSUE INCLUDES THE INMATES' RIGHT OF ACCESS TO COUNSEL, WHICH INVOLVES CONSULTATION WITH AN ATTORNEY AT A REASONABLE TIME THROUGH FACE-TO-FACE COMMUNICATION IN PRIVATE, CORRESPONDENCE WITH ATTORNEYS WITHOUT CENSORSHIP, AND THE RIGHT TO CONSULT 'JAILHOUSE LAWYERS,' PARALEGALS, AND LAW STUDENTS, TOGETHER WITH THE RIGHT TO HAVE LAW BOOKS AND TEXTS AVAILABLE FOR THE PREPARATION OF PLEADINGS. THE GOLDER CASE ALSO INDICATES THAT THE EUROPEAN COURT OF HUMAN RIGHTS, THROUGH ITS SWEEPING INTERPRETATION OF THE RIGHT TO FAIR TRIAL, HAS PERCEIVED THE IMPORTANCE OF INMATES' ACCESS TO THE COURTS. THIS IS AN INTERPRETATION OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS, WHICH CAME INTO EXISTENCE SOME 25 YEARS AGO AS A SYSTEM OF PROTECTION OF FUNDAMENTAL FREEDOMS IN EUROPEAN NATIONS. THE CONVENTION TRIES TO CHANGE NATIONAL LAWS AND POLICIES TO MEET CONVENTION STANDARDS. NO EUROPEAN STATE HAS DENIED RECOGNITION TO NEWLY EXPANDED FUNDAMENTAL FREEDOMS, SUCH AS THE PRISONERS' RIGHT OF ACCESS TO JUSTICE, EVEN WHEN THE JUDGMENT OF THE COURT OF HUMAN RIGHTS PROVIDED THE APPLICANT WITH RELIEF IN THE CASE OF A CLAIM WHICH WOULD HAVE BEEN NONJUSTICIABLE IN DOMESTIC LAW. SIMILARLY, IN THE UNITED STATES, THE FEDERAL CIVIL RIGHTS ACTS HAVE OPENED AN ACCESS TO JUDICIAL REDRESS WHICH WAS OFTEN UNAVAILABLE TO INMATES UNDER THE STATE LAW. THUS, PARALLEL INTERPRETATIONS OF INMATES' ACCESS TO THE COURTS ARE DEVELOPING IN EUROPE AND THE UNITED STATES THROUGH COURT INTERPRETATIONS OF THE RESPECTIVE AUTHORITIES GOVERNING HUMAN RIGHTS. EXTENSIVE FOOTNOTES ARE PROVIDED. (RCB)