Fresno, California Jail has said only persons defending themselves are
allowed to use the Law Library... Is this Constitutional and where on
the net can I find any information on this ???
Are there any explicite rights concerning the ability to participate
in your own defense ???
Information on the value of mitigating circumstances ???
Thanks for your help, Skylady |
Request for Question Clarification by
jbf777-ga
on
11 Nov 2003 14:04 PST
Hello -
Could you clarify what you mean by "only persons defending
themselves..." Do you mean, convicted inmates are NOT allowed to use
the library?
Thanks,
jbf777-ga / researcher
|
Request for Question Clarification by
justaskscott-ga
on
11 Nov 2003 14:05 PST
Please note the disclaimer at the bottom of this page, which states
that answers and comments on Google Answers are general information,
and not intended to substitute for informed professional legal advice.
Pinkfreud gives an example of the type of research we can do. We can
point to certain laws or cases, but cannot provide legal advice as to
whether you might win or lose a legal argument based on those sources.
Hopefully, we can provide some general information that you can
examine as part of your research.
Given that, it might help us if you explain more about your situation,
in such a way that you do not reveal your identity or the identity of
the person you are assisting. For example, what do mean by
"mitigating circumstances" in this situation? What do these
circumstances have to do with the use of the law library?
|
Request for Question Clarification by
pafalafa-ga
on
11 Nov 2003 20:17 PST
As several researchers have already noted, it may be difficult, if not
impossible, to give you a simple and unambiguous answer to your
question. However, there are several non-profit organizations in
California that exist to help people in your position -- they are
generally well-informed about inmate rights and are up-to-date on all
the latest cases and policis, and can assist you with your situation.
Have you been in contact with any of these groups? If not, would you
like us to post information about them as an answer to your question?
pafalafa-ga
|
Clarification of Question by
skylady-ga
on
11 Nov 2003 22:38 PST
jbf777-ga / researcher,
If you have an attorney, you are not allowed to use the Law Library...
This is in the Fresno, Ca. Jail... No conviction, waiting for trial
and he wants to help in his own defense, but is not allowed to go to
the Law Library.
|
Clarification of Question by
skylady-ga
on
11 Nov 2003 22:50 PST
For example, what do mean by
"mitigating circumstances" in this situation? What do these
circumstances have to do with the use of the law library?
justaskscott-ga,
The person in jail has a record of mental problems and takes medication...
He was off his meds and drinking heavy, also little to no sleep for
days at a time...He was having problems with handling his divorce, and
all put together - he ended up with a stolen car and other items...
These are the main mitigating circumstances... He was trying to get to
the Law Library to check out how these problems could help him recieve
a more just sentence and some help...
|
Clarification of Question by
skylady-ga
on
11 Nov 2003 22:52 PST
Have you been in contact with any of these groups? If not, would you
like us to post information about them as an answer to your question?
pafalafa-ga,
I would appreciate the posting of these Groups...
|
Clarification of Question by
skylady-ga
on
11 Nov 2003 22:54 PST
pinkfreud-ga,
Thank-you...
|
This might be of interest to you:
Lewis involved a class action brought by adult prison inmates in
Arizona, alleging that the prisons were depriving the inmates of their
rights of access to the courts and counsel in violation of the First,
Sixth, and Fourteenth Amendments. 116 S. Ct. at 2177. In particular,
the inmates alleged inadequacies in their access to law libraries and
legal assistance. Id. at 2179. Among the shortcomings in the
facilities identified by the district court were inadequacies in the
training of library staff, the updating of legal materials, and the
availability of photocopying services. Id. at 2178. In rejecting the
inmates' claims and reversing the district court's grant of an
injunction in favor of the inmates, the Supreme Court explained that
the Constitution gave the inmates no free-standing rights to a law
library or legal assistance. Id. at 2179-80. The relevant right was
the right of access to the courts. Id. at 2180. Legal assistance,
photocopying services, and law libraries were merely means to
achieving access to the courts. Id. Because there was no free-standing
right to a law library or photocopying services, an inmate could not
demonstrate the necessary actual or imminent injury simply by
establishing that those services were inadequate. Id. Instead, to be
able to bring a viable claim, the plaintiff-inmates had to show direct
injury to their access to the courts. Id. The Court explained that an
inmate could show, for example, that "a complaint he prepared was
dismissed for failure to satisfy some technical requirement which,
because of deficiencies in the prison's legal assistance facilities,
he could not have known." Id. "Or [he could show] that he had suffered
arguably actionable harm that he wished to bring before the courts,
but was so stymied by the inadequacies of the law library that he was
unable even to file a complaint."
http://www.aegis.com/law/fedapp/3D/1997/1997C03262.html |
