Tag: collateral consequences

The Collateral Consequences of Exoneration

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Source: thecrimereport.org 12/23/21 The holiday season is often a time for family gatherings, and while many will be preparing for reunions in the coming days, it is important to remember the roadblocks returning citizens face. For instance, background checks cause thousands of potential collateral consequences that can impact things like housing or employment. As my story explains, these consequences can even inappropriately spill over to a family reunification. On May 27, 1994, I lost my freedom. I was sent to prison for a crime I did not commit.. Everything I…

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Deadly collateral consequences of the “non-punitive” sex offender registry

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[narsol.org 6/18/18] By Michael M . . . It is easy for some people to feel that no matter how oppressive the hardships imposed upon former sex offenders may be, they probably deserved it. The most common refrain we see posted by unsympathetic social media commentators typically contains some variation of, “He (or she) should have thought of that before they committed their crimes!” While such a response may be emotionally satisfying for the person who makes such a statement, the unspoken assumption is that any punishment, no matter how…

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A Rational Approach to the Role of Publicity and Condemnation in the Sentencing of Offenders

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[ssrn.com  5/2/18] Florida State University Law Review, Vol. 46, 2019 38 Pages Posted: 2 May 2018 Mirko Bagaric Director of the Evidence-Based Sentencing and Criminal Justice Project, Swinburne University Law School Peter Isham Northwestern University, School of Law, Students Date Written: April 14, 2018 Abstract The punishment imposed on criminal offenders by courts often does not exhaust the hardship they experience. There are a number of collateral forms of punishment that many offenders are subjected to as a result of their offending. Some of these deprivations are institutional, such as…

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IN: Indiana Supreme Court suggests declaratory judgment a better avenue to challenge collateral consequences

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[floridaactioncommittee.org 4/30/18] Although the Indiana Supreme Court ruled against a registered sex offender father trying to attend his son’s school events, they did give him some guidance on how to go about his challenge. Douglas Kirby plead guilty to child solicitation eight years ago and was sentenced to eighteen months probation. While he was on probation (and until 2015) he was permitted to come on campus to see his son’s school activities. That was until Indiana passed a law in 2015 making it a felony for him to ” knowingly…

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