[PDF] Fundamental Rights And Legal Consequences Of Criminal Conviction eBook

Author :
Publisher :
Page : pages
File Size : 30,55 MB
Release : 2019
Category :
ISBN : 9781509921003

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"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.

Author : Sonja Meijer
Publisher : Bloomsbury Publishing
Page : 312 pages
File Size : 47,35 MB
Release : 2019-06-27
Category : Law
ISBN : 1509920994

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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?

Author : Sonja Meijer
Publisher : Bloomsbury Publishing
Page : 412 pages
File Size : 24,19 MB
Release : 2019-06-27
Category : Law
ISBN : 1509920986

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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?

Author : Margaret Colgate Love
Publisher :
Page : pages
File Size : 23,34 MB
Release : 2021
Category : Criminals
ISBN : 9781539292913

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"No longer can any person involved in the criminal justice system ignore the vast array of restrictions and disqualifications that are triggered by a criminal conviction. Judges, defense lawyers, prosecutors, probation officials and, of course, accused persons themselves must recognize that much more is at stake in a criminal prosecution than the court-imposed sentence. Even minor offenses trigger serious and potentially life-altering statutory and regulatory penalties. These so-called 'collateral consequences' are scattered throughout statutes, regulations, and municipal ordinances. They are difficult to find, and are too frequently ignored during plea negotiations and at sentencing. When it becomes apparent how many opportunities and privileges have been lost as a result of a conviction there may be little the convicted person can do about it. For this reason, collateral consequences have become an increasingly important part of civil practice areas as diverse as employment, government contracts, civil rights, immigration, housing, and family law. This volume seeks to ensure that the parties involved in a criminal case can identify and understand the full range of disabilities and disqualifications that accompany conviction. It also seeks to provide a comprehensive resource for civil practitioners whose clients are seeking to mitigate the effects of collateral consequences, as well as policy advocates and public officials seeking to reform the way the legal system treats those with a conviction record."--Page ix.

Author : Margaret Colgate Love
Publisher : William s Hein & Company
Page : pages
File Size : 22,22 MB
Release : 2006-01-01
Category : Law
ISBN : 9780837734125

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"The guide is the first comprehensive survey of U.S. laws and practices that offers a way to overcome or mitigate the collateral legal consequences of a criminal conviction. It begins with short analytical pieces on executive pardon, judicial expungement and sealing, deferred adjudication and set-aside, certificates of rehabilitation and laws that limit consideration of conviction in connection with employment and licensing. The heart of the guide is its detailed descriptions for each U.S. jurisdiction of available relief mechanisms and how they operate. Includes charts allowing easy state-to-state comparisons. It is an invaluable resource for policymakers and researchers dealing with the legal barriers to offender re-entry, and for practitioners at every level of the justice system. ..."--Publisher's Website.

Author : Michael D. Cicchini
Publisher : Rowman & Littlefield Publishers
Page : 175 pages
File Size : 45,82 MB
Release : 2012-07-12
Category : Law
ISBN : 1442217197

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When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

Author : Kai Ambos
Publisher : Cambridge University Press
Page : 475 pages
File Size : 13,64 MB
Release : 2022-02-17
Category : Law
ISBN : 1316510549

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Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.

Author : Meda Chesney-Lind
Publisher : The New Press
Page : 370 pages
File Size : 18,73 MB
Release : 2011-05-10
Category : Law
ISBN : 1595587365

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In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.