Kenneth Ellman Reviews Prisoners’ Self Help Litigation Manual by Boston and Manville
June 17, 2014, Kenneth Ellman, Box 18, Newton, New Jersey 07860, Email:ke@kennethellman.com
An Advanced Civil Practice Law Library in One Volume.
In spite of the books title it is NOT just for prisoners, it is for everyone who wants a deep, technical and enhancing understanding of practicing American Civil Law. However the accent is on the Prisons, Prisoners, Constitutional Rights in Prison and it is tailored to bring this knowledge to them. This is the Fourth Edition and it just gets better and better each revision. We owe a debt to Boston and Manville.
This book is not a replacement for Hertz and Liebman Habeas Corpus or such similar treatise.
This is not a Habeas Corpus book. However the knowledge and skills in this Boston and Manville can help with any type of litigation, including post conviction remedies.
It is very hard to explain to someone who has not been in prison how different life is from that of a free man. One of the extraordinary features of prison life is the loss of freedoms and rights we so take for granted that our mind does not even reflect upon them when free. Just the simple act of going for a cup of coffee, real coffee or making your own drink, calling someone to whom you wish to speak, learning what you need to learn, sleeping when you are tired, getting medicine when you are sick, being in a quiet place, or having some semblance of safety, all of this is very, very different in prison. Of course you know that, don’t you? The details of everyday life stripped away. That is the purpose of prison, to change your life.
NOW, compound that with unquestioned fact that prisoners still have Constitutional Rights and ask what those rights are and how to enforce them. Consider the right of a prisoner to not have his Constitutional Rights while a Prisoner, violated, and you have many of the subjects covered in this book. It is the right of a guilty man to only be punished according to law. It can also aid an innocent man in understanding basic skills of law to further his search for freedom. You are in prison and you may be like so many, many others who have been there, You are all alone. Perhaps no one will help you either to get out or to survive as a human being in a cage but who one day may be freed. Few people want to keep an innocent man in prison and I would hope that few of us want to punish a guilty man except according to what the law allows.
Well, welcome to Law School. We are unusual and very lucky here in America, that we actually have a legal system that is capable of enforcing the law for all citizens and if you can try to understand that being a prisoner does not take away your rights as an American that will go a long way to understanding the relationship between the imprisoned and the Courts. That is the role of this Boston and Manville book. Books such as this and there are many others (but this is one of the best), can actually allow you to reach out of the prison walls and grab Justice. A little bit of Justice can enter your Prison and go to you and those you may wish to aid.
Manville and Boston have written this volume for those who are willing to accept the academic challenge that dedication to learning and study can have the practical result of protection of the imprisoned. In my opinion this book is equally valuable to those not in prison in that the fundamental legal knowledge you will acquire by study can only enhance and protect your life and that of your family regardless of which side of the bars you are on.
So, we have this wonderful one volume treatise of practically one thousand pages, which can take a helpless imprisoned man or a legally ignorant free man and give him a powerful ability to see Justice.
This book does not cover everything. A normal law library for those who still love books can easily consist of 500 to 1000 volumes or more, depending on whether you want law reports etc.
Most people also need on line data base access for case law and other knowledge. But what Manville and Boston have done is to create an extremely well written, clear, detailed, thorough encapsulation of the law that should be read by every American. In spite of its title it is NOT just for prisoners, it is for everyone who wants a deep, technical and enhancing understanding of American Law.
This volume covers such legal topics as State Law Claims in Federal Court, Personal Safety in Prison, Religious Practice in Prison, Overview of the Legal System, Basic Legal Skills so that you can actually litigate a case, Section 1983 Actions, Preparation of your case for Court, Legal Research, Legal Writing, Motion Practice, Torts and on and on and on. The book contains far more than a short review like this can justify and unfortunately far more than many attorney may know.
If you believe that the Law is the possession of every man and it is your responsibility to learn the academic and practical skills necessary to exercise the legal rights available to you as an American, then this book is for you. If you are an attorney who knows the tragic deficits of law school and wants to correct some of them, you should also buy this book. Whoever you are, you will practice law better than before. Thank you Boston and Manville for your sacrifice in making this book. Kenneth Ellman, email:ke@kennethellman.com, Box 18, Newton, New Jersey 07860
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