囚犯诉诸司法:家庭支持、监狱法律教育和法庭诉讼

Elijah Tukwariba Yin, Francis Kofi Korankye-Sakyi, P. Atupare
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引用次数: 1

摘要

本研究调查了囚犯的法律权利范围,以及囚犯如何在监狱设置中获得法律援助。有人认为,囚犯在监狱官僚机构中的合法权利缺乏诉诸司法的理想。该研究在数据收集中使用了混合方法。在数量方面,使用了300名囚犯的样本。采用简单的随机和系统抽样技术来选择受访者。在质量方面,有目的地选择了以下参与者:前科犯、一名律师助理狱警、一名法院准尉、监狱善后人员、登记员和囚犯亲属。分析数据显示,大多数囚犯在定罪前的审判期间没有得到家庭支持。还发现,由于缺乏法律图书馆,囚犯无法获得法律材料,但却从监狱工作人员那里接受了某种形式的法律教育。尽管囚犯的法庭诉讼程序构成了他们上诉过程的关键部分,但仍有略高于一半的囚犯能够接触到这些文件。随着信息和通信技术的进步,建议所有法院都应数字化,并配备相关后勤和改进基础设施,以方便查阅案件档案。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Prisoners’ Access to Justice: Family Support, Prison Legal Education, and Court Proceedings
This study investigates the extent of prisoners’ legal entitlements as well as how prisoners acquire legal assistance within the prison setup. It is argued that inmates’ legal entitlements within the prison bureaucracy are devoid of the ideal of access to justice. The study used the mixed-method approach in data gathering. For the quantitative aspect, a sample of 300 inmates was used. Simple random and systematic sampling techniques were used to select the respondents. For the qualitative aspect, the following participants were purposively selected: ex-convicts, a paralegal prison officer, a court warrant officer, prison after-care officer, registrars, and relatives of inmates. The analysed data showed that most inmates did not receive family support during their trial before conviction. It was also found that inmates had no access to legal materials due to lack of law libraries, yet received some form of legal education from prison staff. Even though the court proceedings of inmates formed a critical part of their appeal process, a little above half of the inmate population had access to these documents. With the advancement in Information and Communication Technology, it is recommended that all courts should be digitized with relevant logistics and improved infrastructure to smoothen access to case files.
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