Home > West's Encyclopedia of American Law > Jailhouse Lawyer

Prison inmates with some knowledge of law who give legal advice and assistance to their fellow inmates.

The important role that jailhouse lawyers play in the criminal justice system has been recognized by the U.S. Supreme Court, which has held that jailhouse lawyers must be permitted to assist illiterate inmates in filing petitions for post-conviction relief unless the state provides some reasonable alternative (Johnson v. Avery, 393 U.S. 483, 89 S. Ct. 747, 21 L. Ed. 2d 718 [1969]).

However, the U.S. Supreme Court also has recognized that prison authorities may restrict the activities of prisoners who provide more formalized legal advice. For example, in Shaw v. Murphy, 532 U.S. 223, 121 S. Ct. 1475, 149 L. Ed. 2d 420 (2001), the Court held that prisoners do not possess a FIRST AMENDMENT right to provide legal advice to other prisoners. In so...