Habeas Corpus: Protecting Prisoners' Right to Access Court - Essay Sample

Introduction

This term stands out both in the course material as well as the Jailhouse Lawyer's Manual. Access to court is an essential aspect of due process of the 14th amendment. Over an extensive period, prison policies infringed upon prisoners' rights to access court. Chapter 3 of the JLM seeks to protect inmates' rights of access; the right to prepare and present complaints, petitions, civil rights actions, and habeas corpus (Sanders et al., 2017).

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Habeas Corpus

The ultimate conclusion of Johnson v. Avery U.S. 483, guarantees prisoners the right to receive aid from a fellow inmate while preparing for writs of habeas corpus. Chapter 13 of the JLM guarantees prisoners whose detention, trial, and conviction breach the American constitution or a federal treaty or statute, the capacity to file petition or complaints when the procedure of detention or trial is a violation of the law (Sanders et al., 2017).

Law of Tort

Course content mentions confiscation of prisoner legal files and items, which is addressed in depth in Chapter 17 of the JLM. The second section of the chapter introduces tort law, which covers not only damage to a prisoner's property but also general injury resulting from negligence in terms of protection and medical attention, as well as poor infrastructure (Sanders et al., 2017).

Freedom of Information

The concepts of access and freedom are closely intertwined, and both the JLM and course content bring forth the issue of regulations on the material inmates may access, in terms of legal material. Correctional facilities can limit the manner prisoners go about research by limiting library time or library assistance, for example. This aspect is also addressed in Chapter 7 of the JLM, which is about the laws that allow inmates to make requests for government material and documents for legal purposes.

The Argument for the Virginia DOC Banning this Document

The Virginia DOC has been dismissive of the JLM based on the claim that it holds material that could potentially arouse security concerns and derail the order and discipline of correctional facilities. These perceived outcomes are all detrimental to the rehabilitative efforts of the staff, inmates, and society at large, hence VDOC's proposition for its restricted distribution. (Kates, 2010).

Arguments Against the Virginia DOC Banning this Document

The right to access is fundamental to the First Amendment, so by banning such legal material, VDOC would be breaching this amendment. By banning access to such eye-opening content, the system impairs the inmates' ability to protect their rights by limiting their freedom to information and violating their right to access.

Point of View on JLH Being a Standard-Issue Document Given to All Persons Upon Entering a Prison or Jail Facility

The JLM handbook enlightens inmates on their constitutional rights and the appropriate actions to take to protect their rights (2010). Hence, it should be treated as a standard document issued to all inmates upon admission. No way content that enlightens inmates about their rights can be a threat to order and security in these facilities and society overall.

References

Kates, T. (2010, July 22). Virginia prisons sued over inmates’ rights. The Daily Progress. https://www.dailyprogress.com/news/virginia-prisons-sued-over-inmates-rights/article_2642f0ea-282b-5221-85db-86db9e9c66bc.html

Press Center. (2010, July 21). Groups sue virginia prisons for unconstitutional banning of jailhouse lawyer's handbook. Center for Constitutional Rights. https://ccrjustice.org/home/press-center/press-releases/groups-sue-virginia-prisons-unconstitutional-banning-jailhouse

Sanders, M. (Ed.). (2017). A Jailhouse lawyer's manual. Jailhouse Lawyer's Manual. http://jlm.law.columbia.edu/viewprevioused/