"Webliography" LI 804 Bibliography Project

The Novice Law Librarian's Guide: An Annotated Bibliography of Web Sites

Organization
This bibliography includes books, journal articles, film, court cases and 
websites.  Each entry is listed under one of the following 
categories:Library and (\Correctional Facility, Prisoners as Patrons, 
Prisoners' Rights, and LegalResearch.  Within each category, the items are 
rank  ordered by what is most useful and easy to comprehend.

This annotated bibliography
 serves as a novice professional's guide to law librarianship in a 
correctional environment, and it is intended to be more practical 
thantheoretical.  This bibliography is a reading list for someone either 
looking for a positionor has recently been assigned to work in a 
correctional library.

'Search Process
My search began with the words:  prisoner, prison, library, corrections, 
inmate,incarceration and legal I searched the Aurora and Arapahoe 
Library District's catalogs,but this was not particularly fruitful because 
checking the shelves only resulted infinding basic legal research guides.  
Searching via CARL using UNCOVER with thesame key words resulted in 
surfacing thousands of journal articles.  I chose nearlyseventy articles to 
track down.  I wrote these article citations and their locations on index 
cards.  (Is this an antiquated paradigm?) After sorting the cards by library, 
I went to Aurora Library, Denver Public Library and the DU Law 
Library.  I especially enjoyedthe DU Law Library because this was a new 
experience for me.  At first, I was intimidated by its size and unfamiliarity.  
Then, I was having so much fun with theresearch process that my 
uneasiness subsided.  My most significant find was the journal entitled   
Law Library Journal    .  I will have to get a subscription so that I can read 
it  regularly.  Thanks to my positive experience there, I hope to frequent 
the DU LawLibrary often and establish a relationship with the library's 
staff members.

During the search process, I perused DU Law, Denver Public, Koelbel 
Public and the Auraria, libraries.  I also visited the Tattered Cover and 
Barnes and Noble bookstores.  Unlikewith the libraries, I can count on the 
books to be on the shelves.  Both the public library and the commercial 
bookstore environments  are comfortable settings that are useful toward 
conducting research.  They are user  friendly, especially since the staff 
aretrained in customer service.  The bookstores, however, can be 
hazardous to thepocketbook.

Principles of Selection

The sources included in this annotated bibliography serve the requirements 
fort he librarian or prisoner's basic legal information needs.  It is easier to 
describe or listwhat information is available but not included in this paper.  
They are: articles dedicatedto specific (or single  subject) rights of 
prisoners, articles written by prison librarypersonnel that are anecdotal in 
nature, and complex legal texts.  The specific prisoner rights include such 
issues as:  the prisoner's right to marry while incarcerated, sexchange 
operations, HIV confidentiality and religious observance.I sought sources 
that address prisoner rights as a general theoretical and legal concept 
instead of focussingon a single controversial topic.  I discovered a plethora 
of articles about librariansworking in correctional facilities that are written 
by these same professionals.  The articles merely describe the environment 
from the perspective of the library personnel  who spin a few tales, put it 
to print, and label their work as scholarly.  These articles  only go as far as 
to document that prisoners do indeed read and that the librarian is not 
harmed in the line of duty.

Movies were included to provide a variety of sources and because 
theyrepresent a non  stressful way of learning.  They are usually ranked 
near the bottom otheir respective categories.      Web sites are included in 
this bibliography as well(see copy of web site and diskprovided).  They are 
not ranked because the concept is too new to determine theirvalue and 
usefulness.

`LIBRARY AND CORRECTIONAL FACILITY`

St. Clair, Guy and Joan Williamson. 

Managing the New One  person Library    .  2nd ed. New York:  Bowker  
Saur, 1992.
This book seems, at first, to be outside the confines of this bibliography, 
but I thought it important to include.  Just as the correctional facility 
strives to sever all ties between the criminal offender and society at large, 
the law librarian, in that same environment, tries to recapture a bit of that 
outside world and give it back to the prisoner.  This book provides a basic 
how  to in running an effective and efficient library. The list of attitudes 
toward management should be read regularly.  Marketing is stillessential 
for the small library.  The chapter concerning isolation is valuable for 
correctional libraries of any size.The book provides reference lists at the 
end of eachchapter and an extensive bibliography.

The book was favorably reviewed by Research Quarterly with the 
statement: "...can be useful to old hands as well as a primer for new one  
person libraries." 

Bayse, Daniel J. Working in Jails and Prisons:  Becoming Part of the Team 
Lanham, MD: American Correctional Association, 1995.

This small (86  page) book should be read by correctional personnel a few 
timesevery year.  This book provides a history of corrections, the 
differences between jail andprison, an extensive reference list, and a 
glossary of terms.      Most importantly, this book discusses how to work 
effectively with staff andinmates.  With staff, it is crucial to work 
cooperatively and remember that securityalways comes first and programs 
second.  Bayse also cautions the reader that it is important to recognize 
that, although inmates play manipulation games, they are still worthy of 
respect and professional service.


McNeil, Beth and Denise J. Johnson. 
Patron Behavior in Libraries:  A Handbook of Positive Approaches to 
Negative Situations.  Chicago, IL:  American Library Association, 1996.

It is somewhat comforting to realize that the prison library does not own 
all the problem patrons.  This book breaks the barrier of isolation common 
to prison libraries by providing a professional reference and a practical 
guide to dealing with difficultsituations.  The thirteen articles each include 
a list of references for further exploration.


Rubin, Joyce Rhea.  "Anger in the Library:  Defusing Angry Patrons at the 
Reference Desk (and Elsewhere)." Reference Library User:  Problems and  
Solutions  31 (1990): 39  51

This simple, straight  forward article is included because it offers 
suggestions on   ¿how to deal with a very common situation in a prison or 
jail library.  Many inmatepatrons are very angry and have difficulty 
controlling their anger.    In this article, Rubin discusses hostile behavior in 
the library.  She suggests appropriate responses for defusing the patron's 
anger:  listen, don't explain, and identifythe need and actions to take.  Also 
important is how the librarian should handle his orher own angry 
responses to the disgruntled patron's behavior.


Shawshank Redemption 
Dir. Frank Darabont.  Castle Rock Entertainment, 1994.

This movie, based on a Stephen King short story, demonstrates creatives 
responses to the horrors of prison life.  The main character, played by Tim 
Robbins, is aman sentenced to life imprisonment for a crime he did not 
commit.  To cope with life onthe inside, he embarks on a campaign to 
upgrade the prison library.  Through individualeffort and dogged 
determination, the library is transformed from a dark corner in 
thebasement to a highly functional and aesthecially attractive environment.  
Mick Martinand Marsha Porter, in the 1996 Video Movie Guide, describe 
this film as a "surprisinguplifting tale."

PRISONERS AS PATRONS


Mallinger, Stephen "Games Inmates Play:  A Longtime Correctional 
Librarian  Offers a Reference Guide to Handling Manipulative Offenders.
Corrections Today  (Dec 1991) 188  192

This article tailors the games inmates play specifically to the prison 
librarian. Eight games are described and how the librarian can lose his or 
her job by neglecting toconfront the manipulative behavior.  Mallinger 
points out that "true professional isneither to ignore nor encourage these 
games, but to manage in a successful manner."(192).  It is important for 
old and new librarians to remember that "inmates who threatenthe 
librarian also threaten the library's effectiveness as an educational 
institution" (p. 192).


Fleisher, Mark S. Beggars and Thieves:  Lives of Urban Street Criminals, 
Madison, WI:  University of Wisconsin Press, 1995.

This book paints an ugly yet realistic picture of inmates' lives before and 
after incarceration.  It serves as a counterpart to   Do or Die  by Leon Bing 
that discusses the  lives of Crips and Bloods gang members. Beggars and 
Thieves  is the scholarly approach including more than the issue of gang 
members.  This is a book for correctional personnel to read when they 
wonder why inmates leave a detention facility only to return.  It would not 
be the book to read, however, during times of high stress or intense 
burnout.      This book includes an index, extensive bibliography, and a 
glossary of slang terms.  There is a mixture of anecdotes and criminal 
justice policy analysis.      A review described the author, Mark Fleisher, to 
be a professor in criminal justice, an anthropologist and a former 
administrator in the Federal Bureau of Prisons.


Long, Harold S. Surviving in Prison .  Port Townsend, Washington: 
Loompanics  Unlimited, 1990.

This book may be more useful in a jail rather than a prison.  It answers 
questions criminal offenders have while incarcerated in jail waiting to go to 
prison.  The book is written from the prisoner's point of view by a former 
inmate.      Long tells his own story while guiding inmate readers on how 
to deal with otherinmates and staff.  A prison librarian can learn by 
challenging his statement:  "People do not get jobs in the corrections 
industry because they are interested in the work, they get jobs in prisons 
because they are unable to retain employment elsewhere, and because they 
know the standard of performance that is required of them is much lower
than in a conventional enterprise." (p. 6)    There is a very thorough 
chapter concerning the internal litigation process.  Thisis probably where 
most issues need to be addressed before they become lawsuits.      The book 
was favorably reviewed by   Booklist 


Cool Hand Luke    .  Dir. Stuart Rosenberg.  Warner Bros., 1967

The protagonist, nicknamed Cool  Hand Luke, is serving a two  year 
sentence on a chain gang for cutting off the heads of parking meters.  
There is a scene where a big, beefy guard named Carl, paces up and down 
the aisle between two rows of prison cots, and rattles off the prison  house 
rules and the consequences for breaking.  The newcomers gaze at him 
dumbfounded as he churns out such statements like "If you dirty your cot 
by wearing your pants to bed, it is a night in the box."  In a manner much 
like that of an auctioneer, he lists every infraction (minor to major) 
conceivable and follows it by the threat of spending a "night in the box."      
From this one scene, the movie demonstrates a very important message for 
any professional imparting rules and procedures to the inmates.  That 
message is to talk to patrons in a manner that will clearly convey meaning.    
(Film was given five (out of five) stars by Mick Martin and Marsha Porter 
in the1996 Video Movie Guide.


PRISONERS' RIGHTS`


Boston, Jon and Daniel E. Manville. Prisoner's Self  HelpLitigation Manual    
.  3rd ed.    ê\     New York:  Ocean Publications, 1995.

If I were incarcerated, this book would be as important as a bible. If 
allowed only onebook to read, I would choose this one.  Manville begins 
the book by saying, "In this presentedition, John and I have given you not a 
weapon but a tool to use to enrich yourselves andthose around you." (vii)     
This book is definitely written for inmates, but the prison law librarian 
should beaware of its contents to be able to suggest the book to new 
patrons.  Also useful to thelibrarian is the discussion of law library 
expectations and a twenty  five page annotatedbibliography for legal 
materials that should be a part of the prison law library collection.      The 
first part of the book discusses prisoners' rights.  The second part 
describespractices to enforce those rights.  These practices include how to 
litigate, legal research,and write.  The remainder of this text shows forms 
for motions, the index and table ofcases.


Call, Jack.
"The Supreme Court and Prisoner Rights." Federal Probation (1995) 36  
46.

Call examines the Supreme Court case law chronologically 
and,∞(#∞(#3(#3(#,conceptually.  He divides the case law on prisoner 
rights into three periods:  The Hands  OffPeriod (before 1964), The Rights 
Period (1964  1978), and the Deference Period (1979 topresent).  The 
Court has moved from seeing prisoners as slaves to having 
identifiablerights to sacrificing those rights to favor correctional officials.  
Call specifically asksquestions concerning law library services, writ  
writers, legal assistance, supplies andnotary services.  The law librarian's 
answers to these questions affect the quality and typeof services provided.  


Branham, Lynn S. and Sheldon Krantz. 
Sentencing, Corrections, and Prisoners' Rights:  In a Nutshell.  4th ed.  St. 
Paul, MN: West Publishing, 1994.

This book is a staple for any prison legal collection.  It is written clearly 
and simply.  This book is small and not as intimidating to the potential 
reader as some thicktexts can be.  The book has a table of contents, court 
cases highlighted in italics, andan index.  This book is ideal to hand to the 
inmate patron who enters the library yelling,"I'm gonna sue this place!"  
because it discusses elements of a cause of action and remedies. 


Ryan, Wayne.  
"Access to the Courts:  Prisoners' Right to a Law Library." Law Journal    
.  26 (1983): 91  117.
This article discusses prisoners' right of access to the court, use of prison   
(xlibraries and materials to be included in the legal collection.  Ryan 
discusses the majorcases which created prison law libraries and influence 
the quality and standards of theservices provided.      These cases outline 
why law libraries exist for prisoners.  They represent acontinuing battle.  
It is important to read these cases to help determine a personal 
andprofessional philosophy of prison library service.

The cases listed by Ryan include:
Roberts v. LaVallee 389 U.S. 40 (1967)
Griffen v. Illinois 351 U.S. 12 (1956)
Johnson v. Avery 393 U.S. 483 (1969)
Wolff v. McDonnell 418 U.S. 539 (1974)
Gilmore v. Lynch 319 FSupp. 105 (1970)
Younger v. Gilmore  404 U.S. 15 (1971)
Bounds v. Smith 430 U.S. 817 (1977)
Ross v. Moffitt 417 U.S. 600 (1974)
Williams v. Leeke 584 F 2d 1336 (1978)


Eisenberg, Harold B.  
"Rethinking Prisoner Civil Rights." Southern Illinois     
∞,(#(#∞(#∞(#,University Law Journal   17 (1993): 417  490.

This seventy  page article includes two pages for the table of contents and 
over three hundred citations.  This article analyzes prisoners' rights and 
legal actions taken. In addition to history, concepts of specific prisoners' 
rights (such as living conditions,due process, constitutional rights, and 
medical care), this article addresses the costs offrivolous prisoner lawsuits.  
The sheer length of this article may be overwhelming to some.


Alexander, Rudolph.  
"Hands  off, Hands  on, Hands  semi  off:  A Discussion of the, Current 
Legal Test Used by the United States Supreme Court to Decide Inmates 
Rights." Journal of Crime and Justice   17.1 (1994): 103  128.

This source discusses the courts' reluctance to intervene in 
prisonadministrators' policy decisions.  It traces the history of prisoners' 
rights from thenineteenth century to 1991.    This article includes an 
abstract, clear headings, a conclusion and a lengthy listof references.  The 
references are primarily court cases.    This article is useful for librarians 
in understanding what types of issues will bringprisoners into the law 
library and into the courts.  It is also helpful in understanding the arduous 
process for both prisoners and institutions in protecting their 
competinginterests.


Gideon's Trumpet    . 
Dir. Robert Collins.  Made for T.V., 1980.

This film(based upon the book by Anthony Lewis) shows the potential 
power oflegal research in the prison library.  This film provides history of 
the court, criminal lawand the constitution.  It also shows how one 
incarcerated individual can change legalprecedent.  The 1996 Video Movie 
Guide by Mick Martin and Marsha Porter describethis film as "a factual 
account of Clarence Earl Gideon, who was thrown into prison inthe early 
1960s for a minor crimeand denied a legal counsel because he could not  
,'6afford pay for one.  Gideon boned up on the laws of our land and 
concluded thateverybody was entitled to a lawyer, whether or not such was 
affordable."  Gideon'sTrumpet is not yet available at area libraries or 
video stores, but it still earns a place in this bibliography.


LEGAL RESEARCH


Elias, Stephen and Susan Levinkind. 
Legal Research:  How to Find and Understand the Law   4th ed. Berkeley: 
Nolo Press,1995.

I immediately liked this book.  The purpose of this text is to show someone 
howto do legal research.  It serves as a study guide for the person who 
knows nothingabout the process.  The photographs of what the sources look 
like is particularly impressive.  The pictures of encyclopedias and reports 
make it easier to find them in the library.  The book also includes what the 
actual pages of the sources look like andhow to use them.  The book simply 
and clearly shows how to find statutes, cases andcitations.      If I were to 
design a legal research class for prisoners, I would consult this book. 
Boston and Manville, the authors of the Prisoner's Self  Help Litigation 
Manualrecommend this book for a prison law library collection.  They 
state this book is "asimply written lay person's guide to the concepts and 
material of legal research" (p922).


Mosely, Madison, Jr.  
"The Authorized Practice of Legal Reference Service." Law  Library 
Journal    .  87.1 (1995) 203  209.

This article is for any law librarian.  Mosley discusses, in a positive 
manner,  professional boundaries for the reference librarian.  Defining the 
practice of law andgiving legal advice are important to developing a 
personal and professional style oflibrarianship.      Mosely suggests 
reference librarians "should stop focusing on what constitutesthe practice 
of law and begin concentrating on not performing lawyerly functions."    
+p&4(p.205)  Reference librarians, according to Mosely, should provide 
reference service tousers with a legal query in the same manner they 
provide service to users looking forreferences on which brand of 
household appliances to buy.  He also states that thereference librarian 
should never speculate as to the outcome of the issue or procedural steps to 
follow.


Mongelli, William D. 
"De-Mystifying Legal Research for Prisoners." Law Library Journal   86.2 
(1994) 277  298.

Based upon my personal experiences working in a detention facility, 
Mongelli knows the correctional setting.  He categorizes the library users 
as Narcissists, Loop-Holers, Hustlers, Writ Writers, and Lost Souls.  He 
goes on to characterize the prisonlibrarians as Throw away the Key, 
Necessary Evil and the Realist.  Also, the sourceslisted in the bibliography 
are very popular, cited often, and used.      This easy  to  read article 
would appeal to legal librarians, novice or veteran,because it describes the 
importance of legal research and providing quality libraryservices.  
Mongellio especially advocates that the prison librarian teach legal 
researchto the inmate patrons.  I would really like to teach the process of 
legal research; but being new to my position, I need to learn it myself first.


Hersokowitz, Suzan. 
Legal Research Made Easy    .  Clearwater, FL: Sphinx  Publications, 
1995.

This book is especially useful for some prisoners because it is thin.  Some    
(people are easily intimidated by thick books.  The book is a beginner's 
how  to includingthinking about the information sought.  This source is 
most useful in defining major terms.


Herman, Michelle G. 
Criminal Procedure Checklist: Volume 1: Fifth Amendment  1996 Ed. 
New York: Clark Boardman Callaghan, 1996

As it states in the preface, the C.P. Checklist is "a quick reference to 
doctrines  ,'5and cases..."  The book has a table of contents in the beginning 
and a list of cases atthe end to make it easy and straight forward to read a 
specific section.  The book isdesigned to accommodate both the novice and 
veteran legal researcher.   x-  If anyone    wanted to read a single entire 
case, it is cited.  The cases cited involve the fifth amendment, self-
incrimination, due process, defendant's statements, access to courts, 
evidence and double jeopardy.  
The cases cited concerning access to the courts include:
Bounds v. Smith 430 U.S. 817 (1977)
Petrick v. Maynard 11 F. 3d 991 (1993)'
Vandelft v. Moses 31 F 3d 794 (1994)
Allen v. City and County of Honolulu F. 3d 936 (1994)
Knop v. Johnson 977 F. 2d 996 (1992)
Toussaint v. McCarty, 926 F. 2d 800 (1990)
Abdul  Akbar v. Watson, 4 F. 3d 980 (1994)
Clayton v. Tansy, 25 F. 3d 980 (1994)Doty v. County of Lussen, 37 F. 3d 
540 (1994)
Casey v. Lewis, 43 F. 3d 1261 (1994)
Gluth v. Kangas, 951 F. 2d 1504 (1991)
Skelton v. Pricor, Inc., 963 F. 2d 100 (1991)
United States v. Chapman, 954 F. 2d 1352 (1992)