Wendy Schneider outlines what you really need to know about motion practice in the Eastern District of Texas. Her previous two guides, for the Southern District of New York and the Central District of California, are available here.
In criminal cases, there have been challenges on sufficiency grounds and concerns over the use of forensic DNA evidence as the sole or primary proof of guilt. Uncorroborated DNA matching might not be enough to satisfy the burden of establishing guilt beyond a reasonable doubt. The reliability of forensic DNA testing results might be questioned for any number of reasons, e.g., laboratory error, cross-contamination, interpretive bias or fraud, etc. Ken Strutin’s essay provides an overview of nuclear DNA typing, a sampling of the kinds of discretionary decisions that analysts often confront when interpreting crime scene samples, and concludes with with remarks about current disputes in forensic DNA typing, and how recognition of its inherent subjectivity might inform and illuminate these debates.
Stanford Law School deputy library director Erika Wayne describes an open source document access project focused on improving PACER (Public Access to Court Electronic Records), sponsored by a small group of research savvy and customer service oriented law librarians.
In this column, Troy Simpson writes on persuading judges in writing. This first article in the series surveys the history of written advocacy in three jurisdictions — England and Wales, Australia, and America – to show why good written advocacy is vital to the modern lawyer.
Yasmin Morais’s guide is designed to facilitate research on a new court which was inaugurated on April 16, 2005 in Port of Spain, Trinidad and Tobago. The court is expected to serve as a court of last resort for Caribbean states. The guide traces the court’s history and outlines its mandate and structure, its funding, its justices and recent judgments.
Heather A. Phillips’ evaluation of R. Kent Newmyer’s book is that it paints a compelling and nuanced portrait of Justice John Marshall, not so much as a man, but as a thinker.
Heather A. Phillips joins LLRX with a regular book review column. This month’s titles are Evolution, Intelligent Design and a School Board in Dover, PA and The Supreme Court and the Religion Clauses.
This month Jan Bissett and Margi Heinen offer tips for finding Bar exam results, exam schedules, and reciprocity, and also provide links to relevant court, association, government and legal newspaper websites.
Criminal Justice Resources Prisoners’ Rights and Resources on the Web By Ken Strutin
Ken Strutin (JD, MLS) is an experienced law librarian, criminal defense attorney, and well-known writer and speaker. He is the author of The Insider’s Guide: Criminal Justice Resources on the Internet, and has lectured extensively about the benefits of using the Internet for legal research at national and local CLE training programs. Mr. Strutin also wrote ALI-ABA’s Practice Checklist Manual on Representing Criminal Defendants, and co-authored the award winning Legal Research Methodology computer tutorial, published by the Center for Computer-Assisted Legal Instruction (CALI). He has contributed chapters to several books and written many articles concerning knowledge management, legal research and criminal law. Mr. Strutin has taught courses in Advanced Legal Research and Law Office Management. He is also listed in Who’s Who in American Law. Currently, Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association and writes a column for the New York Law Journal.
Published August 15, 2006
Introduction
This guide highlights resources about prisons, the people who occupy them, legal and social services for inmates and their families, issues related to incarceration and reentry, and human rights behind bars. The focus is on selected web resources and online publications.
Commissions Legal Services Physical Health Statistics Conditions of Confinement Library Services Policy Research Support Services Education Mental Health Prisoners’ Rights Voting Rights Guides and Manuals News and Periodicals Prisons Women Inmate and Prison Locators Organizations Reentry Bibliographies and Research Guides Law School Clinics Parole Standards
National commissions have been created to investigate conditions and facilitate legislation aimed at reforming the prison system. And many states and local governments have established agencies to oversee their correctional facilities, and issue reports about their operations. More information on the national level can be found under Conditions of Confinement.
National Commissions
Selected State Commissions
The Commission on Safety and Abuse in America’s Prisons conducted a national examination of the violence, sexual abuse, degradation, and other abuses occurring in prisons and jails across the country. Four public hearings were held over the course of a year. In 2006, they issued their final report, Confronting Confinement, with recommendations for improving and reforming the prison system, which included standardized reporting of violence and abuse, reinvestment in violence prevention programs, and expanding Medicaid and Medicare reimbursement to cover correctional facilities. The Commission was staffed and funded by the Vera Institute of Justice.
In addition to the work of the Commission, the following organizations have been monitoring and studying prison conditions in the United States, and around the world:
The Prison Rape Elimination Act of 2003 (PREA), 42 USC § 15601, et seq., gave rise to the National Prison Rape Elimination Commission. The Commission website makes accessible testimony taken at ongoing hearings along with updates about their work. The following sites provide resources on PREA and its implementation:
National Institute of Corrections
Bureau of Justice Statistics
Related Resources
Prison societies and academic institutions devote resources to prison education through distribution of books and supporting course materials.
Here are several excellent publications that provide information on legal research, inmate rights, pro se litigation, and resources for prisoners and ex-offenders.
The federal government posts a list of its facilities, and a locator to find particular inmates. Most states offer similar resources for their prisons and some jails. In addition to these directories, an individual state or county’s facilities can be found by searching the local government’s website or one of the national lists below for the appropriate department of corrections.
Many law schools have created clinics to provide representation for incarcerated persons who need assistance in post-conviction matters and prison-related cases.
Law School Clinics Serving Prisoners (AALL 2004)
These are directories and sites that provide information about legal services for prisoners and information on self-representation.
The resources from national library organizations and others provide information on the issues related to serving this special population.
The appropriate treatment of inmates with mental health issues has been the subject of much study and debate. This is a small selection of recently published materials and resources.
Stories about prison conditions and developments in the law affecting prisoners’ rights can be found in these specialized sources. Notably, there are some standout publications, such as the monthly magazine Prison Legal News, which provides excellent comprehensive coverage and analysis of prison issues. Their website includes a rich collection of resources and an extensive list of research links.
News
Corrections Community Blog (National Institute of Corrections)
Corrections News & Features (Officer.com)
Corrections Today (American Correctional Association
Jail and Prisoner Law Bulletin (AELE Law Enforcement Legal Center
Prisons (Yahoo News) (NCSC)
Law Reviews
Annual Review of Criminal Procedure [Prisoners’ Rights] (Georgetown University Law Center)
Columbia Human Rights Law Review (Columbia University School of Law)
New England Journal on Criminal and Civil Confinement (New England School of Law)
Periodicals
Correct Care (National Commission on Correctional Health Care)
Journal of Correctional Health Care (National Commission on Correctional Health Care)
Prison Journal (Pennsylvania Prison Society)
<Table of Contents> Organizations
There is a broad spectrum of private, academic and governmental organizations concerned with the state of US prisons and the operation of the prison system. Many of them publish reports and studies on issues vital to prisoners’ rights and prison reform.
Here are some general sites concerning parole administration, more information can be found in the Reentry section.
Health issues for people behind bars are a serious concern and have an impact on society at large. Here are a few national resources on this topic.
Many private, academic and governmental groups engage in research on prison and sentencing reform. They often conduct original research on the conditions of confinement or develop strategies to respond to current problems, such as overcrowding.
Much of the literature and resources on prisoners’ rights have already been noted under other categories.
These sources concentrate on the unique concerns of prisons and correctional facilities related to placement, administration, and economics.
More than 600,000 former ex-offenders are in the process of reentering society. And governmental and private entities are beginning to provide much needed services to ease the transition and promote reintegration.
National and state standards exist for the administration and operation of prison and jail facilities.
National Standards
Jail Standards and Inspections (National Institute of Corrections)
Standards & Accreditation (American Correctional Association)
Selected State Standards
Criminal justice agencies, academic and some private organizations collect statistical information on prison populations, services and special issues.
Corrections Statistics (US Bureau of Justice Statistics)
Juveniles in Corrections (Office of Juvenile Justice and Delinquency Prevention)
State Corrections Statistics (National Institute of Corrections)
Many organizations exist that provide a variety of basic services to inmates and their families.
Nation Prisoner Resource List (Prison Book Program)
Prison Resource Directory (Prisonet)
Prisoner Support Directory (Prison Activist Resource Center)
Prisoner Support Directory (Western Prison Project)
Serving Families of Adult Offenders: Directory of Programs (National Institute of Corrections 2002)
The right to vote for persons behind bars has become the focus of studies, policy discussions and litigation nationwide.
Barred for Life: Voting Rights Restoration in Permanent Disenfranchisement States (Sentencing Project 2005)
Felon Disenfranchisement (Prison Policy Initiative)
Felon Disenfranchisement (NAACP Legal Defense and Educational Fund)
Felon Voting (Dr. Christopher Uggen, University of Minnesota)
Legislative Changes on Felony Disenfranchisement 1996-2003 (Sentencing Project 2003)
Several organizations have devoted significant resources to the special issues facing women behind bars.
Resource List for Women in Prison (Chicago Books to Women in Prison)
Women in Prison (ACLU National Prison Project)
Bibliographies and Research Guides
Here are some extensive bibliographies, pathfinders, and collections of resources on prison related topics.
Jail & Prisoner Law Resources (AELE Law Enforcement Legal Center)
Prison & Corrections-Related Mega-Links (Dr. Thomas O’Connor, Austin Peay State University)
Prisoner Rights & Resources (Findlaw)
Resources for Legal Research: Prisoners’ Rights (Pace Law School)
Criminal Justice Resources Public Defense Systems
By Ken Strutin
Ken Strutin (JD, MLS) is an experienced law librarian, criminal defense attorney, and well-known writer and speaker. He is the author of The Insider’s Guide: Criminal Justice Resources on the Internet, and has lectured extensively about the benefits of using the Internet for legal research at national and local CLE training programs. Mr. Strutin also wrote ALI-ABA’s Practice Checklist Manual on Representing Criminal Defendants, and co-authored the award winning Legal Research Methodology computer tutorial, published by the Center for Computer-Assisted Legal Instruction (CALI). He has contributed chapters to several books and written many articles concerning knowledge management, legal research and criminal law. Mr. Strutin has taught courses in Advanced Legal Research and Law Office Management. He is also listed in Who’s Who in American Law. Currently, Mr. Strutin is the Director of Legal Information Services at the New York State Defenders Association and writes a column for the New York Law Journal. Other guides by Ken Strutin on LLRX.com.
Published June 18, 2006
Introduction
This is a select collection of resources about public defense systems in the United States. The focus is on key studies, reports, and reference materials published on the web..
#public%2520defense”>Public Defense Directories
#reports”>Reports
#resource%2520centers”>Resource Centers
#standards”>Standards
#criminal%2520defense”>Criminal Defense Lawyer Associations
#eligibility”>Eligibility #commissions”>Commissions #resources”>Resources
Nationwide
Federal
State
<#Table%2520of%2520Contents”>Table of Contents> Resource Centers
In many states, public defenders, legal aid and assigned counsel rely on the support services provided by backup centers. These offices respond to the research and training needs of public defense attorneys, monitor case law and legislative developments, answer questions from the client community and members of the public, and serve as a clearinghouse for public defense advocacy and policy research.
Nationwide
States
Criminal Defense Lawyers Associations
There are many statewide and local criminal defense associations, as well as sections of general bar associations, that have dedicated resources to public defense work. The lists below provide web links to many of these groups.
Public defense systems vary from place to place. Some have established statewide systems and operate under commissions, while others are patchwork arrangements. And a few states are reevaluating their defender systems. Information about commissions and related developments can be found in the Spangenberg studies below. Underneath is a selection of state websites.
Nationwide
States Links Arkansas Public Defender Commission California California Habeas Corpus Resource Center Colorado State Public Defender Commission
Alternate Defense Counsel Commission
Connecticut Public Defender Services Commission District of Columbia Public Defender Service Florida Florida Public Defender Association Georgia Georgia Public Defender Standards Council Hawaii Defender Council Illinois Office of State Appellate Defender Indiana Public Defender Commission Iowa Indigent Defense Advisory Commission Kansas State Board of Indigents’ Defense Services Kentucky Department of Public Advocacy Louisiana Louisiana Indigent Defense Assistance Board
Louisiana Task Force on Indigent Defense
Maryland Public Defender Massachusetts Committee for Public Counsel Services Michigan Appellate Defender Commission Minnesota Minnesota Public Defenders Missouri Public Defender Commission Montana Public Defender Commission Nebraska Nebraska Commission on Public Advocacy New Hampshire Judicial Council
New York
New York State Commission on the Future of Indigent Defense Services
North Carolina Public Defender Commission North Dakota North Dakota Commission on Legal Counsel for Indigents Ohio Hamilton County Public Defender Commission
Oklahoma Oklahoma Indigent Defense System Oregon Public Defense Services Commission North Carolina Public Defender Commission South Carolina Indigent Defense Commission Texas Texas Task Force on Indigent Defens Virginia Indigent Defense Commission
Virginia Indigent Defense Commission
Washington Office of Public Defense Wisconsin State Public Defender
<#Table%2520of%2520Contents”>Table of Contents>
The major bar associations, private research groups and government agencies have published reports on different aspects of public defense. They include systemwide surveys, funding studies, caseload analyses and highlights of significant problems and unmet mandates.
Compilations
Nationwide Studies
Gideon 40th Anniversary Sites
States
States
These are compilations of national and state standards for the criminal justice system, and public defense in particular.
Compilations
Resources
<#Table%2520of%2520Contents”>Table of Contents>
The ability to afford counsel depends on many factors, and the assessment of those factors determines whether an accused will receive assigned representation. Below are several guidelines, albeit starting points, used in making this determination.
Guidelines
Reports
These resources are excellent starting points for locating national and local materials on public defense systems and the implementation of the right to counsel. The Resource Centers listed above are another good place to find information about a particular state’s system.
Organizations
Bibliographies and Libraries
<#Table%2520of%2520Contents”>Table of Contents>