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Cardozo Law Review

Abstract

Imagine Jeff, a state prison inmate who is serving a twentyfive year sentence for armed robbery. During this time, he is ordered to appear before a prison disciplinary committee to face charges that he murdered another prisoner during a riot. Although Jeff is entitled to present his defense at this disciplinary hearing, he finds it difficult to prepare his case adequately because he does not know how to read or write. Since he cannot afford an attorney, Jeff seeks the help of a fellow inmate who has a reputation for being skilled in the law. This "jailhouse lawyer" counsels Jeff to disclose to him all the details regarding the incident so that he can research Jeff's case and prepare a suitable defense. On this advice, Jeff admits that he committed the murder of which he is accused. Subsequently, the jailhouse lawyer relays the confession to prison officials and testifies against Jeff in a criminal trial. At his trial, Jeff is convicted of murder and sentenced to life in prison.

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