We The People Legal Primer - Prison Book Program

First Edition Condensed May 2004
Geo. Wash. L. Rev. George Washington Law Review. Supp. Supplement.
• If you want to give the judge something, tell the judge so
Harv. L. Rev. Harvard Law Review.
U.C.C. Uniform Commercial Code.
(when allowed to speak), hold it out, and a court officer
should come to you, take it, and bring it to the judge.
How. L.J. Howard Law Journal.
W. West. Western.
• Write or search through your papers quietly.
Mich. L. Rev. Michigan Law Review.
Wall. Wallace’s United States Supreme Court Reports.
• Refrain from talking to others or from making obvious
Minn. L. Rev. Minnesota Law Review.
Wheat. Wheaton’s United States Supreme Court Reports. gestures. Try to yawn, sneeze, or cough quietly and
Nat. Resources J. National Resources Journal.
Examples:
unnoticed. If you desperately need a glass of water, catch
a court officer’s eye, beckon him over, ask him or her, and
Ohio St. L.J. Ohio State Law Journal.
F.R. Crim. Proc. Federal Rules of Criminal Procedure
you might get it.
N.Y.U. L. Rev. New York University Law Review.
F.R. App. Proc. Federal Rules of Appellate Procedure • If you absolutely must talk to others, whisper or speak in a
Rutgers L. Rev. Rutgers Law Review.
A.2d. Atlantic Reporter, Second Series
very low voice without gesturing, and make it brief — no
Seton Hall L. Rev. Seton Hall Law Review.
F.3d. Federal Reporter, Third Series
lengthy conversations. However, talk as needed with your
lawyer so you don’t spoil your case.
Stan. L. Rev. Stanford Law Review.
–––––––––––––––––––––––––––––––––––––––––––––––––
Also, make sure you have everything in advance of your onceonly
performance:
Sup. Ct. Rev. Supreme Court Review.
COURTROOM ETIQUETTE
Temple L. Rev. Temple Law Review.
A few basic rules apply to how you, as a pro se litigant, should • All pertinent documents and evidence within reason (what
Tex. L. Rev. Texas Law Review.
behave in a courtroom. Four general rules apply:
the prison or court will allow you to bring).
U.C.L.A. L. Rev. U.C.L.A. Law Review.
1. Always show great respect in every possible way. Don’t • Reading glasses. Don’t let your fears of your image ruin
think of it as “sucking up” to the judge, but more along the your case. Besides, glasses can make you look older and
U. Chi. L. Rev. University of Chicago Law Review.
lines of not tempting his/her shortcomings.
smarter. Judges usually wear glasses.
U. Pa. L. Rev. University of Pennsylvania Law Review.
2. Speak clearly and at a moderate volume and pace. • Several blank pages and more than one writing instrument
Vand. L. Rev. Vanderbilt Law Review.
3. Expect a judge to wear a “poker face.” You may feel
in case one breaks or fails to write (you don’t want to try to
Va. L. Rev. Virginia Law Review.
defeated because the judge doubts your brief, seems to bum a pen or pencil from someone while your case goes
brow beat you, or questions you extensively. Or, you
on without you).
Yale L.J. Yale Law Journal.
may feel confident because the judge pretty much
• Handkerchief, a paper towel, or facial tissue for sneezes,
Wash. U. L.Q. Washington University Law Quarterly.
accepts your brief, looks pleasantly at you, or asks very coughs, runny nose, watery eyes, cleaning glasses, etc.
Wis. L. Rev. Wisconsin Law Review.
few questions. Ignore your feelings — you can’t read the
judge’s mind.
Finally, once you have passed the point of no return on your
Abbreviations for Series:
way to court, if you have forgotten something of importance,
4. You must perform a once-only “performance” on a “stage” resign yourself to that fact. Tell the judge so when appropriate,
2d. The second series of a law publication.
called a courtroom, so practice, practice, practice. If you but don’t hate yourself for it — don’t dwell on it. Simply make
3d. The third series of a law publication.
must, practice showing great amounts of respect to the do the best you can. Resist the temptation to beat yourself
nastiest screw on your tier, and your performance in court
4th. The fourth series of a law publication.
mentally. Keep a positive attitude. Strive to be happy.
will go easy. Practice your speeches standing up in your
Other Abbreviations:
cell, in front of a mirror, in the yard, in front of jailhouse –––––––––––––––––––––––––––––––––––––––––––––––––
* (an asterisk or star) Denotes that cited page number refers lawyers or your friends, or anywhere you can.
DICTIONARY OF LEGAL WORDS AND PHRASES
to publication’s original page numbering system (used like More specifically, you should:
# — # — # — # — # — # — # — # — #
this: *167).
• If possible, wear a suit of clothes — a humble suit — NOT a 1983 lawsuits. Civil suits brought under Title 42, Section
A.B.A. American Bar Association.
$2,000 Armani suit. If you don’t have or can’t borrow a suit, 1983 of the United States Code, against anyone denying
A.D. Appellate Division.
wear the most respectful clothes possible. Nothing flashy others of their constitutional rights to life, liberty, or property
or distracting. No jewelry except for a wedding ring. Wear without due process of law. 42 U.S.C. 1983, qv.
A.L.R. American Law Reports.
jeans, T-shirts, sneakers, or a jumpsuit ONLY as a last 28 U.S.C. 1331. The statute that allows a federal prisoner to
Am. American. Amendment.
resort.
file a complaint against a federal officer and request
Amend. Amendment.
• Appear as traditional as possible. Cover up as many compensation for loss or injury.
tattoos as possible, even by wearing a long-sleeved shirt
App. Appellate.
28 U.S.C. 2241. The statute that allows a prisoner under
and tie on a hot summer day. Wear your hair at a
federal sentence to petition for a writ of Habeas Corpus to
Bl. Comm. Blackstone’s Commentaries on the English Law. respectable length — yes, cut it if necessary. Likewise, challenge: denial of bail, implementation of a sentence,
B.N.A. Bureau of National Affairs.
lose the moustache and beard. You want to show the computation of a sentence, revocation of sentencing credits, or
judge a face that a “mother could love” and not a face from revocation of probation or parole.
C. Chapter. Code. Court.
a police line-up or a biker’s bar.
28 U.S.C. 2254. The statute that allows a prisoner under state
C.J.S. Corpus Juris Secundum.
• Sit up straight, and face forward. If you have shackles or sentence to petition for a writ of Habeas Corpus.
Cas. Cases.
chains on, try to remain still enough to prevent them from
making distracting noises.
28 U.S.C. 2255. The statute that allows a prisoner to move to
Ch. Chapter.
vacate, set aside or correct a sentence that violates the
• Stand up when the judge enters and leaves. A court officer
Cir. Circuit.
Constitution or laws of the United States, that exceeds the
will direct everyone to do this.
maximum legal sentence, that the court imposed without
Civ. Civil.
• Stand up if the judge begins talking to you. Because the jurisdiction, and so on.
Cl. Clause.
judge has initiated this exchange between the two of you, 42 U.S.C. 1983. The statute allowing civil actions for the
Comm. Commentaries.
you now have a right to speak but, obviously, wait for the deprivation of rights under color of state law or authority.
judge to finish.
Const. Constitution.
A — A — A — A — A — A — A — A — A
• Always do what the judge asks you to do, although you
Crim. Criminal.
may ask the judge about this.
abstract of title. A chronological summary of all official
records and recorded documents affecting the title to a parcel
Ct. Court.
• Otherwise, address the court only when directed by the of real property.
Cyc. “Cyclopedia of Law and Procedure.”
judge. “Ask” the judge to speak by standing quietly. The
judge will direct you to speak in due time. If you change you acceptance. The taking and receiving of anything in good
D.R. Disciplinary Rule.
mind about speaking, then sit down.
faith with the intention of retaining it.
Dec. Decisions.
• When you do address the court, stand up, and speak access to the courts. Regarding prisoners, the only
Div. Division.
clearly and respectfully. Keep your arms by your side, or unassailable constitutional right, from which all other rights of
E. East. Eastern.
make very small graceful gestures. Address the judge as theirs depend.
“your honor.” Speak and act without anger or disrespect. accessory. A person who aids or contributes in a secondary
Evid. Evidence.
Use “please” and thank you” when appropriate. Wear a way or assists in or contributes to a crime as a subordinate.
F. Federal.
sincere face.
216 So. 2d 829, 831. Mere silence or approval of the
Fed. Federal.
• When you express concern about making a point, try to commission of the crime does not amount to accessorial
voice your concern in terms of your burden instead of the liability. 81 Mo. 483. Failure to report a felony may constitute
Jur. Jurisprudence.
court’s burden. For example, you should ask, “I’m not sure a crime in itself. An accessory does act to facilitate another in
L. Law. Legal.
I answered the court’s question satisfactorily. May I explain the commission of a crime or in avoiding apprehension for a
N. North. Northern.
myself?” instead of “Your honor doesn’t understand. Let crime. accessory after the fact. A person who receives,
repeat what I said.”
comforts, or assists a felon knowing that he has committed a
Pet. Peter’s United States Supreme Court Reports.
felony or whom the police seek in connection with the
• The judge will expect you to know ALL the court rules and
Proc. Procedure.
commission or attempted commission of a felony. 234 A.2d
to follow its procedures accordingly. However, judges 284, 285. Thus, a person who obstructs justice by giving
R. Rules. Reporter. Reports. Regulations.
usually show a little leniency and assistance for
comfort or assistance to a criminal offender in an attempt to
incarcerated pro se litigants. If the judge does not offer it,
Rev. Review.
hinder or prevent his apprehension or punishment. 378 F.2d
you can politely request it. Watch the judge’s attitude about 540.
Rptr. Reporter.
this: use it if you must, but don’t irritate the judge with
S. South. Southern. Supplement. Supreme.
requests.
accessory before the fact. A person who procures,
counsels, or commands the deed perpetrated, but who does
Sec. Section.
• Don’t approach the bench unless directed by the judge. attend, actively or constructive, at such perpetration. 282 A.2d
Ask to do so while allowed to speak. The judge will
So. South. Southern.
154. Cf. accomplice, aid and abet, complicity, conspiracy,
probably not allow a prisoner to approach the bench. misprision.
Steph. Comm. Stephen’s Commentaries on English Law
A free primer. For imprisoned people only, – page 19 – who can reproduce it without permission.