Jailhouse lawyer
Encyclopedia
Jailhouse lawyer is a colloquial term in North American English
to refer to an inmate
in a jail
or other prison
who, though usually never having practiced law
nor having any formal legal training, informally assists other inmates in legal matters relating to their sentence (e.g. appeal of their sentence, pardons, stays of execution, etc.) or to their conditions in prison. Sometimes, he or she also assists other inmates in civil matters of a legal nature.
The term can also refer to a prison inmate who is representing themselves in legal matters relating to their sentence. The important role that jailhouse lawyers play in the criminal justice system has been recognized by the U.S. Supreme Court, which has held that jailhouse lawyers must be permitted to assist illiterate inmates in filing petitions for postconviction relief unless the state provides some reasonable alternative.
Many states in the U.S. have Jailhouse Lawyer Statutes, some of which exempt inmates acting as jailhouse lawyers from the licensing requirements imposed on other attorneys when they are helping indigent inmates with legal matters.
Cases brought by inmates have also called attention to the need for jailhouse lawyers to have access to law libraries
.
The Center for Constitutional Rights
and National Lawyer's Guild wrote "The Jailhouse Lawyers Handbook" in 2003 for inmates needing rudimentary information on jailhouse lawyering. Columbia Law School
publishes "The Jailhouse Lawyers Manual" biannually, intended to help prisoners and jailhouse lawyers appeal their sentence, protest their conditions of imprisonment, etc. The eighth edition was published in the spring of 2009 and is freely downloadable.
North American English
North American English is the variety of the English language of North America, including that of the United States and Canada. Because of their shared histories and the similarities between the pronunciation, vocabulary and accent of American English and Canadian English, the two spoken languages...
to refer to an inmate
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
in a jail
Jail
A jail is a short-term detention facility in the United States and Canada.Jail may also refer to:In entertainment:*Jail , a 1966 Malayalam movie*Jail , a 2009 Bollywood movie...
or other prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
who, though usually never having practiced law
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
nor having any formal legal training, informally assists other inmates in legal matters relating to their sentence (e.g. appeal of their sentence, pardons, stays of execution, etc.) or to their conditions in prison. Sometimes, he or she also assists other inmates in civil matters of a legal nature.
The term can also refer to a prison inmate who is representing themselves in legal matters relating to their sentence. The important role that jailhouse lawyers play in the criminal justice system has been recognized by the U.S. Supreme Court, which has held that jailhouse lawyers must be permitted to assist illiterate inmates in filing petitions for postconviction relief unless the state provides some reasonable alternative.
Many states in the U.S. have Jailhouse Lawyer Statutes, some of which exempt inmates acting as jailhouse lawyers from the licensing requirements imposed on other attorneys when they are helping indigent inmates with legal matters.
Cases brought by inmates have also called attention to the need for jailhouse lawyers to have access to law libraries
Law library
A law library is a library designed to assist law students, attorneys, judges, and their law clerks and anyone else who finds it necessary to correctly determine the state of the law....
.
The Center for Constitutional Rights
Center for Constitutional Rights
Al Odah v. United States:Al Odah is the latest in a series of habeas corpus petitions on behalf of people imprisoned at the Guantanamo Bay detention center. The case challenges the Military Commissions system’s suitability as a habeas corpus substitute and the legality, in general, of detention at...
and National Lawyer's Guild wrote "The Jailhouse Lawyers Handbook" in 2003 for inmates needing rudimentary information on jailhouse lawyering. Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
publishes "The Jailhouse Lawyers Manual" biannually, intended to help prisoners and jailhouse lawyers appeal their sentence, protest their conditions of imprisonment, etc. The eighth edition was published in the spring of 2009 and is freely downloadable.
Notable jailhouse lawyers
- Angola Three
- B. Kwaku DurenB. Kwaku DurenB. Kwaku Duren is a controversial African American lawyer, educator, writer, editor, Black Panther, long-time social, political and community activist; and a former convict who now lives and practices law in South Central Los Angeles...
- William HeirensWilliam HeirensWilliam George Heirens is a convicted American serial killer who confessed to three murders in 1946. Heirens has been called The Lipstick Killer due to a notorious message scrawled in lipstick at a crime scene...
- Shon HopwoodShon HopwoodShon R. Hopwood is a former Nebraska bank robber who was sentenced to 13 years in prison for five robberies. While in prison, he started spending time in the law library, and became an accomplished Supreme Court practitioner by the time he left in 2008....
- Burt PugachBurt PugachBurton N. "Burt" Pugach , a New York based lawyer who spent fourteen years in prison for hiring men to throw lye in the face of his former girlfriend and future wife, Linda Eleanor Riss .-Legal career:...
, as recounted in Crazy LoveCrazy Love (2007 film)Crazy Love is a 2007 American documentary film directed by Dan Klores and Fisher Stevens. The screenplay by Klores explores the troubled relationship between New York City attorney Burt Pugach and his considerably younger mistress Linda Riss, who was blinded and permanently scarred when thugs hired... - Jerry RosenbergJerry RosenbergJerome "Jerry" Rosenberg was a jailhouse lawyer. He was incarcerated for 46 years, longer than any other prisoner in New York State history. Rosenberg was sentenced to death for his involvement in a double homicide of two New York City police officers...