NCJ Number
48217
Date Published
1978
Length
60 pages
Annotation
THE HISTORY, OBJECTIVES, ACCOMPLISHMENTS, AND PROBLEMS OF AN EXPERIMENTAL PROJECT TO PROVIDE ONLOCATION LEGAL SERVICES TO PRISONERS AT THE STATE PRISON, RAHWAY, NEW JERSEY, ARE DETAILED. RECOMMENDATIONS ARE MADE.
Abstract
THE PROJECT WAS ESTABLISHED IN JANUARY, 1975, UNDER THE AUSPICES OF THE NEW JERSEY STATE BAR ASSOCIATION CORRECTIONAL REFORM COMMITTEE, INC. AND CLOSED IN SEPTEMBER, 1977, WHEN THE FUNDING ENDED. DURING THIS TIME, A TWO-ATTORNEY OFFICE WAS SET UP, A LEGAL HANDBOOK AND MANUAL WAS DEVELOPED AS A REFERENCE TOOL FOR ALL PRISON LIBRARIES, AND EFFORTS WERE MADE TO TRAIN PRISON SOCIAL SERVICE STAFF TO HELP NEWLY ARRIVING INMATES IDENTIFY THEIR CIVIL LEGAL PROBLEMS. (THE HANDBOOK AND MANUAL ARE BEING PUBLISHED SEPARATELY BY THE NEW JERSEY STATE BAR.) THIS DOCUMENT DETAILS EXPERIENCES ENCOUNTERED DURING THE COURSE OF THE PROGRAM AND IS LIBERALLY ILLUSTRATED WITH CASE HISTORIES. IT DISCUSSES LEGAL PROBLEMS WHICH AROSE FROM THE PROCESS THAT LED TO INCARCERATION (INCLUDING APPEALS, POSTCONVICTION RELIEF, SENTENCE MODIFICATION, AND DETAINERS), LEGAL PROBLEMS WHICH AROSE FROM THE PRISONER'S PRIVATE LIFE, PROBLEMS ARISING FROM THE CONFINEMENT, ADMINISTRATIVE LAW CASES, FAMILY LAW CASES, AND GENERAL CASES HANDLED BY THE PROJECT. THE REPORT CONCLUDES THAT THE PRESENCE OF ONSITE ATTORNEYS ACTED AS A CHECK ON PRISON ADMINISTRATORS, THAT THESE ATTORNEYS HELPED PRISONERS CUT THROUGH ADMINISTRATIVE REDTAPE, AND THAT THE ATTORNEYS EDUCATED PRISONERS AND STAFF ALIKE. THE ATTORNEYS TRIED TO GIVE INMATES SOME SENSE OF THE REQUISITES FOR LEGAL ACTION AND TO DIMINISH THE MAGICAL INCANTATION NOTIONS MANY POSSESS ABOUT THE LEGAL PROCESS. FOR STAFF, EDUCATION WAS ALONG THE RIGHTS OF PRISONERS AND THE LIMITS OF STAFF AUTHORITY. IT IS CONCLUDED THAT SUCH A PROJECT IS FEASIBLE ONLY IF PERSONS IN CHARGE ARE REALISTIC ABOUT THE GOALS, IF NONLEGAL ASSISTANCE AND SUPPORT IS USED, AND IF THE INITIAL INTERVIEWS ARE DELAYED UNTIL THE INMATE ARRIVES AT THE PRISON. TRYING TO CONDUCT INITIAL INTERVIEWS AT THE INTAKE CENTER IS CALLED WASTEFUL OF TRAVEL TIME AND ATTORNEY EFFORT. HOWEVER, PARALEGAL INTERVENTION AT INTAKE MAY IDENTIFY MANY CIVIL LAW PROBLEMS. SEVERAL ALTERNATIVES FOR THE DELIVERY OF PRISON LEGAL SERVICES ARE SUGGESTED. A BIBLIOGRAPHY IS APPENDED. (GLR)