Columbia Human Rights Law Review

About the Jailhouse Lawyer's Manual

A Jailhouse Lawyer's Manual (JLM) is a handbook of legal rights and procedures designed for use by incarcerated individuals. Inmates are often indigent and therefore lack access to legal counsel while in prison. The JLM informs prisoners of their legal rights, shows them how to secure these rights through the judicial process, and guides them through the complex array of procedures and legal vocabulary which make up this system. The JLM also instructs prisoners in techniques of legal research and explains the need to take note of important legal developments. With the JLM, prisoners can learn to use effectively the resources available in prison law libraries. Since publication of the first edition in 1978, A Jailhouse Lawyer's Manual has been used by tens of thousands of inmates in institutions across the country. Prisoners have used the book to become informed of their rights and to address specific problems related to their treatment in prison or their convictions.

To date, more than two hundred correctional facilities across the United States have ordered the JLM, in large part due to the Supreme Court's decision in Bounds v. Smith, 430 U.S. 817 (1977). Bounds requires states to provide inmates with meaningful access to the judicial system, either through legal assistance programs or adequate law libraries. This influential opinion, written by Justice Marshall, and cited in over three hundred opinions in thirty-three states and eleven federal circuits, has had a dramatic impact on the ability of inmates to pursue their legal rights while in prison. Prison administrators have ordered the JLM as part of their efforts to build adequate law libraries. They have discovered that inmates find the book easy to use and relevant to issues that concern them.

The Sixth Edition of the JLM (coming this fall) contains chapters on the following areas: the Prison Litigation Reform Act, legal research, legal documents, discovery, freedom of information, right to learn the law, rights of pretrial detainees, appeals, article 440 of the New York Criminal Procedure Law, federal habeas corpus, New York habeas corpus, relief from violations of inmates’ rights under Sections 1983 and 1331, state’s duty to protect inmates, challenges to administrative decisions through Article 78 of the New York Civil Practice Law, New York grievance program, inmates’ rights to adequate medical care, AIDS in Prison, right to be free from assault, sexual abuse and sexual harassment, rights of incarcerated parents, prison marriage and divorce, special issues of female prisoners, inmates’ right to communicate with the outside world, religious freedom in prison, immigration consequences to criminal activity, rights at prison disciplinary proceedings, temporary release programs, conditional and early release, parole, search for a lawyer, and directory of legal and social services for prisoners.

With the needs of inmates across the country in mind, the Columbia Human Rights Law Review has endeavored, to the extent feasible, to make the new Fifth Edition of the JLM useful to all prisoners without regard to where they are incarcerated. The information on federal actions will be helpful to an inmate in a federal prison, or pursuing federal claims, no matter where the inmate is located. The law, procedures and forms relating to state actions vary from state to state, however. Where possible, we have provided information that is generally applicable, although we have used New York forms and procedures as specific illustrations. We regret that the size and scope of the book prevent us from providing forms and specific procedural information for all states. Nevertheless, inmates outside New York will find the JLM a valuable research tool.

In the past few years, the United States Congress has created more obstacles to keep prisoners out of the courthouse. These new laws include the Prison Litigation Reform Act, which severely restricts prisoners’ ability to bring civil lawsuits, as well as their ability to be represented by an attorney. Similarly, the Anti-Terrorism and Effective Death Penalty Act sharply limits the availability of the writ of habeas corpus, used by prisoners for centuries to challenge unlawful confinement. Finally, the Illegal Immigration Reform and Immigrant Responsibility Act denied judicial review in many circumstances to immigrants that are ordered deported because of past criminal activity. The Fifth Edition responds to these developments with up-to-date information about changes in the law.

An important part of managing and revising the JLM is responding to the heavy volume of mail we receive from prisoners. We thank the many jailhouse lawyers whose helpful comments have contributed to the improvements that may be found in both books. The process of improving the JLM never stops, and we ask that readers of the manual continue to share with us their ideas and comments.

In short, we hope the books will help you to protect your rights under the law. Although the current political climate is discouraging for inmates seeking justice, jailhouse lawyers should not abandon hope. We urge you to keep standing up for your rights and enforcing your humanity against those who would try to deny it. Remember—we will be standing behind you. 

Last updated September 2004