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NCJRS Abstract

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NCJ Number: 78491 Find in a Library
Title: Prisoner Litigation - Some Things To Consider (From Prisoners' Rights Sourcebook, P 171-173, 1980, Ira P Robbins, ed. - See NCJ-78483)
Author(s): R Schuster
Date Published: 1980
Page Count: 3
Sponsoring Agency: Clark Boardman Company, Ltd
New York, NY 10014
Sale Source: Clark Boardman Company, Ltd
435 Hudson Street
New York, NY 10014
United States of America
Type: Report (Study/Research)
Language: English
Country: United States of America
Annotation: This chapter from a sourcebook on prisoners' rights discusses the importance of logical case preparation in winning a case; the piece was written by a former inmate who served 44 years in prison.
Abstract: A large percentage of prisoners lose pro se actions for reasons other than prejudice. The most important reason is poor presentation of the case in written legal documents. Although many cases have controlling decisions supporting the inmate's side, the merit of the case is often lost in tangled intermixtures of facts, extraneous material, and unsupported assertions. Defeats of such appeals could be avoided through adequate training in argumentation. This training is equally important to the prisoner who is fortunate enough to have the professional services of a lawyer, since no one knows the facts of a prisoner's case as well as the prisoner. From intensive study of argumentation, the individual will learn how to develop an effective case presentation. The chapter provides one note.
Index Term(s): Appeal procedures; Correctional reform; Defense counsel effectiveness; Inmate lawsuits; Legal research; Legal training; Prisoner's rights; Pro se defense; Rehabilitation
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