Uses And Consequences Of A Criminal Conviction


Uses And Consequences Of A Criminal Conviction
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Uses And Consequences Of A Criminal Conviction


Uses And Consequences Of A Criminal Conviction
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Author : Margaret Fitzgerald O'Reilly
language : en
Publisher: Springer
Release Date : 2018-11-23

Uses And Consequences Of A Criminal Conviction written by Margaret Fitzgerald O'Reilly and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-23 with Social Science categories.


This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.



Fundamental Rights And Legal Consequences Of Criminal Conviction


Fundamental Rights And Legal Consequences Of Criminal Conviction
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Author :
language : en
Publisher:
Release Date : 2019

Fundamental Rights And Legal Consequences Of Criminal Conviction written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.


"The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?"--Bloomsbury Publishing.



Fundamental Rights And Legal Consequences Of Criminal Conviction


Fundamental Rights And Legal Consequences Of Criminal Conviction
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Author : Sonja Meijer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-06-27

Fundamental Rights And Legal Consequences Of Criminal Conviction written by Sonja Meijer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Law categories.


The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?



Collateral Consequences Of Criminal Conviction


Collateral Consequences Of Criminal Conviction
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Author : Margaret Colgate Love
language : en
Publisher:
Release Date : 2018

Collateral Consequences Of Criminal Conviction written by Margaret Colgate Love and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Criminals categories.




Collateral Consequences Of A Criminal Conviction


Collateral Consequences Of A Criminal Conviction
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Author : Tracey W. Brame
language : en
Publisher:
Release Date : 2012

Collateral Consequences Of A Criminal Conviction written by Tracey W. Brame and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Ex-convicts categories.




Collateral Consequences Of Criminal Convictions


Collateral Consequences Of Criminal Convictions
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2010

Collateral Consequences Of Criminal Convictions written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Social Science categories.




Collateral Consequences Of Criminal Conviction


Collateral Consequences Of Criminal Conviction
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Author : Margaret Colgate Love
language : en
Publisher:
Release Date : 2016

Collateral Consequences Of Criminal Conviction written by Margaret Colgate Love and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Criminals categories.




Collateral Consequences Of Criminal Convictions


Collateral Consequences Of Criminal Convictions
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Author : Margaret Colgate Love
language : en
Publisher:
Release Date : 2013

Collateral Consequences Of Criminal Convictions written by Margaret Colgate Love and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Criminals categories.




Fundamental Rights And Legal Consequences Of Criminal Conviction


Fundamental Rights And Legal Consequences Of Criminal Conviction
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Author : Sonja Meijer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-06-27

Fundamental Rights And Legal Consequences Of Criminal Conviction written by Sonja Meijer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Law categories.


The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?



Paying For The Past


Paying For The Past
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Author : Richard S. Frase
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08

Paying For The Past written by Richard S. Frase and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08 with Law categories.


All modern sentencing systems, in the US and beyond, consider the offender's prior record to be an important determinant of the form and severity of punishment for subsequent offences. Repeat offenders receive harsher punishments than first offenders, and offenders with longer criminal records are punished more severely than those with shorter records. Yet the vast literature on sentencing policy, law, and practice has generally overlooked the issue of prior convictions, even though this is the most important sentencing factor after the seriousness of the crime. In Paying for the Past, Richard S. Frase and Julian V. Roberts provide a critical and systematic examination of current prior record enhancements under sentencing guidelines across the US. Drawing on empirical data and analyses of guidelines from a number of jurisdictions, they illustrate different approaches to prior record enhancements and the differing outcomes of those approaches. Roberts and Frase demonstrate that most prior record enhancements generate a range of adverse outcomes at sentencing. Further, the pervasive justifications for prior record enhancement, such as the repeat offender's assumed higher risk of reoffending or greater culpability, are uncertain and have rarely been subjected to critical appraisal. The punitive sentencing premiums for repeat offenders prescribed by US guidelines cannot be justified on grounds of prevention or retribution. Shining a light on a neglected but critically important topic, Paying for the Past examines the costs of prior record enhancements for repeat offenders and offers model guidelines to help reduce racial disparities and reallocate criminal justice resources for jurisdictions who use sentence enhancements.