Fahrenheit 451on Cell Block D: A Bar Examination to Safeguard America’s Jailhouse Lawyers from the Post-Lewis Blaze Consuming Their Law Libraries
Evan R. Seamone, Mississippi College School of LawFollow
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.
24 Yale L. & Pol’y Rev. 91 (2006).
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