ACCESS TO LEGAL SERVICES TOO UNEVEN
When we think of the rights of incarcerated people, we often think of access to health care or safety, but there’s another essential right we overlook: the right to access legal assistance. Despite legal protections, many incarcerated people struggle to navigate the legal system on their own.
The problem starts with the choice made by the U.S. Supreme Court in 1977 in Bounds v. Smith. In a 6-3 decision, the justices ruled that incarcerated individuals have the constitutional right to access the courts, including legal materials and assistance, to ensure the opportunity to present their claims and seek relief. To comply with this ruling, prisons can provide either a law library or qualified legal counsel. Unfortunately, prisons and jails across the country have chosen law libraries, which have become more symbolic than practical, leaving many incarcerated people without meaningful access to legal aid. This decision was likely driven by several factors, including cost and practicality. Law libraries are generally cheaper to operate than legal assistance programs.
Additionally, prisons can claim they are fulfilling their obligation to provide incarcerated individuals with access to the courts by providing legal materials, all without having to invest in more costly options. Providing legal materials to untrained incarcerated individuals and expecting them to navigate our legal system on their own is like insisting someone lift themselves up by their bootstraps; it’s a task that is virtually impossible, particularly for those who may lack the necessary skills, knowledge and resources to succeed.
Just as pulling oneself up by one’s own bootstraps defies the laws of physics, relying solely on law libraries to provide access to justice for incarcerated people ignores the practical realities of the legal system and the needs of those who are navigating it from behind bars. This expectation is problematic for several reasons. The prison population is disproportionately made up of individuals who have limited education, and many in custody lack the necessary literacy and legal knowledge to effectively use these resources, especially without the help of an attorney.
According to the National Center for Education Statistics, nearly two-thirds of people in state prisons did not finish high school. The issue of low literacy rates is compounded when we consider learning disabilities or mental health conditions which make it even more difficult to utilize legal materials, because the reality is many incarcerated individuals with mental health conditions also have low literacy skills. Accessing legal services is particularly challenging for those who face physical barriers, such as deafness or blindness, and their need is often overlooked.
Law libraries can prove virtually useless for those with visual or hearing impairments. For those who are blind, braille is not always available, and when it is, it can be limited. Audio recordings are sometimes an option, but not all legal materials are available in this format. This means the blind are often unable to utilize these resources to effectively advocate for themselves. For those who are deaf, the lack of accessible communication presents a major hurdle in accessing legal services. Usually, the only option for legal communication is by telephone; however, traditional prison telephone systems do not offer alternative means to communicate, especially when prison phone systems are not equipped to handle teletypewriter (TTY) calls or other forms favored by the deaf. This means the deaf are left with no viable means of communicating with attorneys or legal aid organizations, leaving them at a significant disadvantage.
The population of non-native English speakers in our prisons is also disproportionately high and there is a lack of resources available to provide equal access. In many cases, legal documents are available only in English, and the limited availability of bilingual legal assistance heavily burdens non-English speaking people. Many prisons and jails do not have bilingual staff or attorneys to provide legal assistance in multiple languages. This means even if legal documents are available in different languages, people may still struggle to understand the content or effectively communicate with legal professionals.
The limitations of law libraries are clear and the implications of these limitations are meaningful. Incarcerated people who lack access to legal services may be unable to defend themselves against wrongful convictions, advocate for their rights, or access essential resources. They may also be more likely to face harsher sentences, as the lack of legal representation can make it difficult to negotiate plea deals or effectively advocate.
In lieu of a prison law library, many incarcerated individuals do not have access to attorneys or other legal professionals who can provide the guidance they need. This problem demands a modern, humanitarian solution. While law libraries can be an important resource, they are not enough. Prisons and jails must invest in resources that enable the effective use of legal libraries, such as literacy programs.
They must also ensure legal materials are available in multiple languages, and communication systems are accessible to individuals who are deaf or hard of hearing. In addition to these measures, prisons and jails must prioritize access to legal counsel for incarcerated individuals. This could involve funding public defender programs, creating partnerships with legal aid organizations, or establishing in-house legal clinics.
Prisons should aim to ensure every incarcerated person has access to qualified legal counsel and trained legal professionals who can provide guidance and support to people in custody. Ultimately, the lack of reliable access to legal services for people in custody is unacceptable in a modern society that values justice and human rights. It’s time for prisons and jails to ensure that all individuals, regardless of their circumstances, have access to the legal services they need to defend their rights, protect their well-being and pursue justice.
Law libraries can be an important resource for incarcerated people, but they’re not enough.