Neutralizing Access to Justice: Criminal Defendants' Access to Justice in a Net Neutrality Information World

48 Pages Posted: 22 Dec 2014 Last revised: 17 Jul 2019

Date Written: August 29, 2018

Abstract

This Article examines net neutrality and its impact on criminal defendants’ ability to access the courts—and justice—through access to legal information. Research in the American legal system has moved largely online, and print resources are becoming increasingly expensive and, therefore, more scarce. The move to online legal research presents difficult issues in light of the recent demise of net neutrality: if meaningful and speedy access to the internet becomes dependent upon being able to afford an internet “fast lane,” internet users will be divided into the haves and the have nots, and criminal defendants will surely fall into the latter category, rendering their access to justice completely non-existent.

This Article will examine the legislation, regulations, and cases that brought net neutrality to the attention of the American public, and will examine how net neutrality and access to information are related, particularly in the criminal justice system. It will discuss Supreme Court cases that have impacted criminal defendants and the methods they use to seek the justice and access to the courts to which they are entitled, including the use of attorneys, libraries, and society. In detailing how the demise of net neutrality will directly harm the millions of Americans who are currently a part of—either themselves or as a family member or friend—the criminal justice system, suggestions will be made to ensure criminal defendants’ access to justice remains intact.

Keywords: net neutrality, prisoners' rights, access to justice, freedom of information, libraries

Suggested Citation

Chase, Ashley Krenelka, Neutralizing Access to Justice: Criminal Defendants' Access to Justice in a Net Neutrality Information World (August 29, 2018). 84 MO. L. REV. 323 (2019). , Stetson University College of Law Research Paper No. 2018-8, Available at SSRN: https://ssrn.com/abstract=2538729 or http://dx.doi.org/10.2139/ssrn.2538729

Ashley Krenelka Chase (Contact Author)

Stetson University - College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
51
Abstract Views
924
rank
436,698
PlumX Metrics