October 9, 2006
Thoughtful work on collateral consequences
Around the blogosphere one can find thoughtful work/coverage of issues relating to the collateral consequences of a criminal conviction. For example, over at blackprof, Michael Pinard has these two strong posts:
- Juveniles and Collateral Consequences: Is There a Theory to Support the Practice?
- Reentry Issues and Questions
In addition, as the White Collar Crime Prof Blog notes here, Margaret Colgate Love, who previously served as the Pardon Attorney in the Justice Department, has a new book that focuses on collateral consequences. The book is entitled, "Relief from the Collateral Consequences of Conviction: A State-by-State Resource Guide." Ordering information is here, along with this description:
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. Also included are charts that allow easy state-to-state comparisons. The guide 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.
October 9, 2006 at 11:17 AM | Permalink
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I does occasional juvenile work as a court appointed attorney on behalf of the state of Alaska. I have been filing motions that the felonies in juvie-land have to go to grand jury because the conduct has such far-reaching consequences and become elements of offenses in adult court. The trial court rulings have been adverse and I have not had one case go to the Alaska Court of Appeals. I do agree that the juvenile system has changed to the point that adult protections such as grand jury need to be imposed. As well as the court advising before the juvenile pleads of the adult consequences of the plea.
Posted by: randall cavanaugh-defense attorney Alaska | Oct 9, 2006 12:16:54 PM