TREND OF STATE AND FEDERAL CASE LAW IS TOWARD JUDICIAL APPROVAL OF PRISONER ASSERTED RIGHTS.
INMATES HAVE HISTORICALLY HAD A RIGHT OF ACCESS TO THE COURTS, ALTHOUGH THIS FUNDUMENTAL RIGHT HAS BEEN RESTRICTED BY INSTITUTIONAL REGULATIONS THAT HAVE HAMPERED PRISONER COMMUNICATIONS. THE COURTS, IN ADDITION, HAVE HELPED PERPETUATE THIS PROBLEM BY ADOPTING A 'HANDS OFF' POLICY TOWARDS THESE RESTRICTIVE REGULATIONS. THE TREND TODAY, HOWEVER, APPEARS TO BE TOWARDS CLOSER JUDICIAL SCRUTINY OF THESE PENAL REGULATIONS. THE EMERGING RIGHTS THAT ARE RESULTING FROM THIS SCRUTINY INCLUDE A FREER, UNCENSORED FLOW OF MAIL FROM THE PRISONER TO COURTS, COUNSEL, PUBLIC OFFICIALS, OR WITNESSES. PUNISHMENT OF PRISONERS FOR ABUSES OF MAILING RIGHTS, AND VIOLATION OF REGULATIONS NECESSITATED BY SUCH COMPELLING STATE INTEREST AS TIME, PLACE, AND DURATION OF LEGAL ASSISTANCE BY INMATES, MAY BE CONDONED. THIS CANNOT RESTRICT REASONABLE OPPORTUNITY FOR PRISONERS TO MEET WITH COUNSEL OR TO OBTAIN LEGAL MATERIALS.
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