NCJ Number
92674
Date Published
1983
Length
695 pages
Annotation
This manual presents the basic information needed by prisoners to bring lawsuits concerning prison conditions and practices, parole matters, detainers, and postconviction proceedings such as petitions for a writ of habeas corpus challenging the criminal conviction.
Abstract
The manual's aim is to educate prisoners about their rights, the possible remedies they can obtain from a court, and the forms and techniques to use. Guidelines on doing legal research on a prison law library include the recommendation that the prisoner or the librarian order one or more of the other books listed to supplement the information given. A discussion of the drafting of legal documents such as complaints, motions, and orders emphasizes the need to state the problem clearly. Information is also given on the working of the Federal and State court systems, the law regarding the rights of prisoners, and the types of civil actions State and Federal prisoners may bring and the remedies they may obtain. An explanation of litigating an action in Federal court discusses the requirements of a complaint, how to file it, how to get the summons and complaint served, how to file for indigency and appointed counsel, methods of preparing the factual case, how to handle the trial if it is not possible to obtain appointed counsel, methods of enforcement or modification of the judgment, and appeal rights and how to appeal. Additional guidelines focus on parole and parole revocation rights, postconviction procedures and some of the grounds for relief, detainers and how to remove them, and methods for protection against retaliation by prison officials involved in the litigation. Footnotes; an index; a table of cases; and extensive appendixes presenting forms, applicable rules, and related materials are included.