NCJ Number
39267
Date Published
1976
Length
202 pages
Annotation
THIS MANUAL WAS COMPILED TO INTRODUCE PRISONERS TO SOME BASIC PROCEDURES AND CONCEPTS IN PRISON LITIGATION LAW AND TO SERVE AS A GUIDE TO LEGAL RESEARCH.
Abstract
IT WAS DESIGNED FOR USE BY PRISONERS TO ENABLE THEM TO ASSIST THEMSELVES IN PREPARING LEGAL ACTIONS AND TO HELP THEM TO PIERCE WRITTEN REGULATIONS AND POLICY STATEMENTS WHICH MASK ABUSES OF AUTHORITY. CHAPTERS WITHIN THE MANUAL EXPLAIN THE LEGAL SYSTEM AND HOW IT WORKS AND DESCRIBE THE TOOLS OF LEGAL RESEARCH AND HOW TO MAKE THE MOST EFFECTIVE USE OF IT. AN OVERVIEW OF THE LAW OF PRISONERS' RIGHTS IS PRESENTED WITH A FAIRLY DETAILED DISCUSSION OF HOW TO PICK OUT AND USE LEGAL STANDARDS AND COURT ANNOUNCED TESTS, USING FIRST AMENDMENT CASES AS AN EXAMPLE. FEDERAL AND STATE REMEDIES AND THE FEDERAL RULES OF CIVIL PROCEDURE ARE EXAMINED TO HELP PETITIONERS TO IDENTIFY MEANS OF REDRESS OPEN TO THEM. OTHER CHAPTERS DISCUSS PAROLE RELEASE CONSIDERATION AND PAROLE REVOCATION HEARINGS AND PROVIDE AN OVERVIEW OF POSTCONVICTION PROBLEMS AND REMEDIES. THE PROPER PROCEDURES AND STANDARDS TO BE USED IN ATTACKING DETAINERS AND OBTAINING JAILTIME CREDIT ARE DISCUSSED. THE FINAL CHAPTER SUGGESTS TO THE PRISONER WAYS TO LEGALLY PROTECT HIMSELF AS HE WORKS TO ENFORCE HIS RIGHTS AND THE RIGHTS OF HIS FELLOW PRISONERS. EACH CHAPTER IS FOLLOWED BY A BIBLIOGRAPHY REFERRING POTENTIAL LITIGANTS TO OTHER SOURCES OF MORE DETAILED INFORMATION, WITH A RECOMMENDATION THAT AT LEAST ONE OF THESE BE OBTAINED AND STUDIED. COPIES OF THE MOST COMMON FORMS USED IN THIS TYPE OF LITIGATION, LISTS OF FEDERAL COURT LOCATIONS AND HABEAS CORPUS STATUTE CITATIONS, AND RULES FOR HABEAS CORPUS AND SENTENCE CHALLENGES ARE APPENDED. (SNI ABSTRACT)...EB