Collateral consequences are consequences of a criminal conviction that are not imposed by the criminal justice system. A prison sentence is a direct consequence of a criminal conviction. A driver’s license suspension imposed by the DMV is a collateral consequence. (A driver’s license suspension might also be imposed by the judge at sentencing, in which case it is a direct consequence.)
Collateral consequences can include the loss of a job or scholarship, eviction, or, for noncitizens, even ejection from the United States. Because they are not imposed by the court, the attorneys and judge may not even be aware of them.
Punishing Janay Rice
In February, then-NFL running back Ray Rice assaulted his then-fiancée Janay Palmer. His conduct was inexcusable, and the response by law enforcement and the NFL was tepid. Mr. Rice was initially suspended for two games, and, although he was prosecuted, he escaped serious punishment by entering a diversion program. More information has slowly come to light, and public opinion has turned against Mr. Rice and the NFL’s response. Domestic violence is a hard crime to address. The victim is often uncooperative. It is very hard to tell the...
read moreShould rapists have parental rights?
I just saw this article from the Courthouse News Service about the ugly fallout of the rape, and resulting pregnancy, of a 14-year-old girl. The 20-year-old rapist has been convicted and placed on probation for 16 years. He has also been ordered to admit paternity and to initiate proceedings in family court, apparently to set child support and maybe even visitation. The victim brought suit, asking the Massachusetts courts not to force her to participate in legal proceedings involving her rapist. It is deeply troubling to order a 14-year-old...
read moreDrug-crime convictions carry harsh consequences for a long time.
For stuff people aren’t supposed to have (what cops and lawyers call “contraband”: such as drugs, guns, and cigarettes without federal tax stamps), it’s worse to deliver something than just to possess it, because delivering something includes at least one more person and may lead to conspiracies, criminal networks, and the kind of tax-evasion that got Al Capone convicted. Possessing illegal drugs in Oregon is usually a Class C felony, which is the least-serious sort of felony. Occasionally it’s a Class B felony. But it is commonly...
read moreSometimes a Conviction is Better than a Dismissal
On occasion, a defendant is better off with an actual conviction than with a dismissal resulting from diversion, community court, or another sort of delayed adjudication, because appeals and post-conviction relief are only possible in the case of a genuine conviction, but a dismissal can count as a conviction in immigration court and for some anti- recidivist statutes. Consider the following two hypothetical defendants. Both are charged with offenses relating to cocaine found in a car borrowed from a friend, so each one has a legitimate...
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