This is an Article that explains the necessity to recognize and certify more jailhouse lawyers in state prisons at a time when many jurisdictions have set out specifically to eliminate them. While few courts have recognized an inmate's right to practice jailhouse law, jailhouse lawyering is a unique activity that cannot be considered part-in-parcel with the common "privileges" of inmates criticized by skeptics, such as using gym facilities, watching television, or even earning a degree while incarcerated. Unlike these other activities, jailhouse lawyering benefits more than the practicing inmate. The value of the jailhouse lawyer extends far beyond the remote chance that the writ-writer will win a case. In many instances, the services of the jailhouse lawyer are so vital to the proper functioning of the penal system that they outweigh the supposed benefits of removing prison law libraries.
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This is an Article that explains the necessity to recognize and certify more jailhouse lawyers in state prisons at a time when many jurisdictions have set out specifically to eliminate them. While few courts have recognized an inmate's right to practice jailhouse law, jailhouse lawyering is a unique activity that cannot be considered part-in-parcel with the common "privileges" of inmates criticized by skeptics, such as using gym facilities, watching television, or even earning a degree while incarcerated. Unlike these other activities, jailhouse lawyering benefits more than the practicing inmate. The value of the jailhouse lawyer extends far beyond the remote chance that the writ-writer will win a case. In many instances, the services of the jailhouse lawyer are so vital to the proper functioning of the penal system that they outweigh the supposed benefits of removing prison law libraries.