Legal Rights Behind Bars: Jailhouse Lawyers’ Perspectives on Meaningful Access to the Courts - CANCELLED

• In Event: The Legal & Justice Landscapes of Incarceration

Abstract

In 1971, the Supreme Court ruled that incarcerated petitioners must be provided with all necessary means to secure a fair judicial hearing for any charges or grievances (Gilmore v. Lynch, 1971). In 1977, the Court affirmed that meaningful legal access for detained individuals must be ensured through either law libraries or equivalent legal services (Bounds v. Smith, 1977). However, this landmark ruling did not define how these services should operate to guarantee meaningful access. While legal scholars have debated what constitutes meaningful access in correctional facilities, empirical research has yet to establish an operational definition. This study seeks to address that gap by analyzing interviews with jailhouse lawyers across the United States who have successfully navigated the legal system. These interviews focus on the critical question: what legal resources and mechanisms are necessary for providing detained and incarcerated individuals with meaningful access to the courts? Findings indicate that jailhouse lawyers believe meaningful access hinges on mentorship and collaboration with other jailhouse lawyers, as well as access to law library spaces, legal materials, and trained legal staff. However, the specific resources highlighted by interviewees vary, emphasizing the need for tailored, population-specific approaches to ensuring meaningful legal access in correctional settings.

Author

• Christina Plakas, University of South Carolina