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- Title
THE ETHICS OF ASSISTING INCARCERATED PEOPLE WITH COLLECTIVE ACTION.
- Authors
CANON, DANIEL J.
- Abstract
This article explores ethical issues pertaining to an attorney's role in assisting incarcerated clients with collective action, including striking, within prisons. In all fifty states, most concerted activity by prisoners is prohibited by policy, regulation, or statute. This article makes the case that nonviolent collective action is an effective method to promote changes in conditions of confinement--likely more effective than litigation--and is therefore something that civil rights and criminal defense lawyers should assist incarcerated clients with. In some cases, affirmatively advising incarcerated people to organize in the first place may also be desirable. The central questions explored in this article are: given that the activity in question is almost certainly unlawful, can an attorney give such advice safely and ethically? If so, how? In addition to an examination of the applicable ethical rules, the article provides a list of organizing prohibitions for incarcerated people in all fifty states, an example letter discussing organizing activities, and an overview of proposed changes to existing law that would accommodate lawyers who assist in acts of civil disobedience.
- Subjects
LEGAL status of prisoners; COLLECTIVE action; CRIMINAL defense; CIVIL disobedience; PRISON administration
- Publication
St. Louis University Law Journal, 2023, Vol 67, Issue 2, p203
- ISSN
0036-3030
- Publication type
Article