Introduction
The criminal justice system applies criminal law to defendants accused of committing a crime. If found guilty, or if the defendant pleads guilty, the sentencing authority (usually a judge) imposes a sentence. The sentence is a direct consequence of the conviction.
This sentence can take many forms, some of which being loss of privileges (e.g. driving), house arrest, community service, probation, fines and imprisonment. Collectively, these consequences of the crime are referred to as direct consequences - those intended by the judge, and frequently mandated at least in part by an applicable law or statute.
However, beyond the terms of the sentence, a defendant can experience additional state actions that are considered by the States to be collateral consequences such as: disenfranchisement (in some countries this may be separately meted out), disentitlement of education loans (for drug charges in U.S.), loss of a professional license, or eviction from public housing. These consequences are not imposed directly by the judge, and are beyond the terms of a sentence itself for the actual crime. Instead, they are civil state actions and are referred to as collateral consequences. In most jurisdictions, being charged with a crime can trigger state civil action in the form of an investigation to determine if the charge(s) trigger the civil statutes that attach to the criminal charges. An example would be criminal charges that can trigger deportation, or the revocation of a professional license, such as a medical, nursing, or pharmacist license. Being subject to collateral consequences has been called a form of civil death.
The collateral consequences of criminal conviction are not the same as the social consequences of conviction. Social consequences include loss of a job and social stigma. These social effects of criminal charges (whether or not they lead to convictions) are mainly because arrests and legal proceedings in the United States are usually public record, thus disseminating the information about the event to the public to the detriment of the accused. There are currently little to no legal remedies available for these collateral consequences, no matter how innocent the accused individual might be.
For purposes of illustration, the Public Defender Service of the District of Columbia assembled a document in 2004 outlining some collateral consequences.
Read more about this topic: Collateral Consequences Of Criminal Conviction (U.S.)
Famous quotes containing the word introduction:
“My objection to Liberalism is this—that it is the introduction into the practical business of life of the highest kind—namely, politics—of philosophical ideas instead of political principles.”
—Benjamin Disraeli (1804–1881)
“For better or worse, stepparenting is self-conscious parenting. You’re damned if you do, and damned if you don’t.”
—Anonymous Parent. Making It as a Stepparent, by Claire Berman, introduction (1980, repr. 1986)
“The role of the stepmother is the most difficult of all, because you can’t ever just be. You’re constantly being tested—by the children, the neighbors, your husband, the relatives, old friends who knew the children’s parents in their first marriage, and by yourself.”
—Anonymous Stepparent. Making It as a Stepparent, by Claire Berman, introduction (1980, repr. 1986)