The genesis of prisoner’s access to court is believed to be Ex Parte Hull. A Michigan statute was struck. This statute denied the prisoners the right to file documents with the court unless they were properly drowned( Freedman, 1999) . The Government and its field marshal may not slash or prejudice petitioner’s right to apply to a state court for a court of law order of habeas corpus.
The Supreme Court later struck other barriers like economic obstacles. Notably, the Supreme Court prohibited prisoners from helping each other in the preparation of petitions. Inmates would only help each other if only the state gave a reasonable petitions alternative to help with post-conviction. , the Supreme Court also held that the governments should not only cease obstructing inmate appeals to the judges but should also carry affirmative responsibilities to assure all inmates expressive access courts( Redlich, 2016) .
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Furthermore, the Casey Court found that inmates do not have a right to law archives or legal support but somewhat a legitimate right to access the courts( Whittington, 2005) . Jail archives and legal help programs are only means, which the government ensure inmates, have the chance to hand over their complaints to the courts. Therefore, a prisoner cannot fake an injury by forming that his penitentiary’s law library or legal aid program is below in theoretical sense.
If the above case were taken to court, the court would reject the idea that inmates should have that access to courts. This is because of legal matters past civil rights..
References
Freedman, E. M. (1999). Just Because John Marshall Said It, Doesn't Make It So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1979. Ala. L. Rev. , 51 , 531.
Redlich, A. D., Steadman, H. J., Monahan, J., Robbins, P. C., &Petrila, J.(2016).Patterns of practice in mental health courts: A national survey. Law and Human Behavior , 30 (3), 347-362.
Whittington, K. E. (2005). “Interpose your friendly hand”: Political supports for the exercise of judicial review by the United States Supreme Court. American political science review , 99 (4), 583-596.
