The Collateral Consequence Conundrum: Comparative Genealogy, Current Trends, and Future Scenarios

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    Collateral consequences (CCs) of criminal convictions such as disenfranchisement, occupational restrictions, exclusions from public housing, and loss of welfare benefits represent one of the salient yet hidden features of the contemporary American penal state. This chapter explores, from a comparative and historical perspective, the rise of the many indirect “regulatory” sanctions flowing from a conviction and discusses some of the unique challenges they pose for legal and policy reform. US jurisprudence and policies are contrasted with the more stringent approach adopted by European legal systems and the European Court of Human Rights (ECtHR) in safeguarding the often blurred line between criminal punishments and formally civil sanctions. The aim of this chapter is twofold: (1) to contribute to a better understanding of the overreliance of the US criminal justice systems on CCs as a device of social exclusion and control, and (2) to put forward constructive and viable reform proposals aimed at reinventing the role and operation of collateral restrictions flowing from criminal convictions.

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    • A. Corda, The Collateral Consequence Conundurm SLPS 19

      Rights statement: Copyright 2018 Emerald. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher.

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    DOI

    Original languageEnglish
    Title of host publicationStudies in Law, Politics, and Society
    EditorsAustin Sarat
    PublisherEmerald Publishing
    Pages69-97
    Number of pages29
    Volume77
    ISBN (Print)9781787692701
    DOIs
    Publication statusPublished - Nov 2018

    ID: 134801859