Download or read book Adverse Employment Consequences Triggered by Criminal Convictions written by Christine Neylon O'Brien and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One in five Americans has a criminal record. When seeking employment, these individuals may find that employers tend to prefer those without criminal histories, making honest employment a challenge at best. At the same time, there is widespread agreement among experts that employment of ex-offenders can significantly reduce recidivism rates, which are distressingly high. Two-thirds of those released from prison are expected to be re-arrested within three years of their release. Despite these facts, there is no comprehensive federal legislation addressing employment discrimination against ex-offenders. States and even cities have recognized the import of this issue and begun to enact laws aimed at reducing discrimination and thereby promoting employment of ex-offenders. Unfortunately, the extent of protection available under these laws varies dramatically from state to state and city to city, with a few states providing moderately employee-favorable legislation and the remaining majority providing either little protection or virtually no protection at all. This article surveys recent cases in which an adverse employment action was based on an employee or applicant's criminal convictions. The various formulations of anti-discrimination legislation adopted by Hawaii, Wisconsin, Pennsylvania, and New York are analyzed and compared. The ability of employers to use post-hoc discovery of criminal convictions to justify prior adverse employment actions is discussed, drawing examples from Wisconsin, Minnesota, and Oklahoma. Recently promulgated city and county ordinances prohibiting discrimination are described, as is the limited scope of protection available under existing federal law. The article concludes that existing protections are both inconsistent and in many cases insufficient, and suggests that existing federal laws be amended to bring those with criminal histories more directly within their scope of coverage.
Download or read book Adverse Employment Consequences Triggered by Criminal Convictions written by Jonathan J. Darrow and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One in five Americans has a criminal record. When seeking employment, these individuals may find that employers tend to prefer those without criminal histories, making honest employment a challenge at best. At the same time, there is widespread agreement among experts that employment of ex-offenders can significantly reduce recidivism rates, which are distressingly high. Two-thirds of those released from prison are expected to be re-arrested within three years of their release. Despite these facts, there is no comprehensive federal legislation addressing employment discrimination against ex-offenders. States and even cities have recognized the import of this issue and begun to enact laws aimed at reducing discrimination and thereby promoting employment of ex-offenders. Unfortunately, the extent of protection available under these laws varies dramatically from state to state and city to city, with a few states providing moderately employee-favorable legislation and the remaining majority providing either little protection or virtually no protection at all. This article surveys recent cases in which an adverse employment action was based on an employee or applicant's criminal convictions. The various formulations of anti-discrimination legislation adopted by Hawaii, Wisconsin, Pennsylvania, and New York are analyzed and compared. The ability of employers to use post-hoc discovery of criminal convictions to justify prior adverse employment actions is discussed, drawing examples from Wisconsin, Minnesota, and Oklahoma. Recently promulgated city and county ordinances prohibiting discrimination are described, as is the limited scope of protection available under existing federal law. The article concludes that existing protections are both inconsistent and in many cases insufficient, and suggests that existing federal laws be amended to bring those with criminal histories more directly within their scope of coverage.
Download or read book The Growth of Incarceration in the United States written by Committee on Causes and Consequences of High Rates of Incarceration and published by National Academies Press. This book was released on 2014-12-31 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: After decades of stability from the 1920s to the early 1970s, the rate of imprisonment in the United States has increased fivefold during the last four decades. The U.S. penal population of 2.2 million adults is by far the largest in the world. Just under one-quarter of the world's prisoners are held in American prisons. The U.S. rate of incarceration, with nearly 1 out of every 100 adults in prison or jail, is 5 to 10 times higher than the rates in Western Europe and other democracies. The U.S. prison population is largely drawn from the most disadvantaged part of the nation's population: mostly men under age 40, disproportionately minority, and poorly educated. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience. The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U.S. society. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects. This study makes the case that the United States has gone far past the point where the numbers of people in prison can be justified by social benefits and has reached a level where these high rates of incarceration themselves constitute a source of injustice and social harm. The Growth of Incarceration in the United States examines policy changes that created an increasingly punitive political climate and offers specific policy advice in sentencing policy, prison policy, and social policy. The report also identifies important research questions that must be answered to provide a firmer basis for policy. This report is a call for change in the way society views criminals, punishment, and prison. This landmark study assesses the evidence and its implications for public policy to inform an extensive and thoughtful public debate about and reconsideration of policies.
Download or read book Collateral Consequences of Criminal Conviction written by Margaret Colgate Love and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Invisible Punishment written by Meda Chesney-Lind and published by The New Press. This book was released on 2011-05-10 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fundamental Rights and Legal Consequences of Criminal Conviction written by Sonja Meijer and published by Bloomsbury Publishing. This book was released on 2019-06-27 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Costs of Prosecution written by United States. Internal Revenue Service. Criminal Investigation Division and published by . This book was released on 1989 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fundamental Rights and Legal Consequences of Criminal Conviction written by and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Collateral Consequences of Criminal Convictions Part II written by and published by . This book was released on 2015 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Relief from the Collateral Consequences of a Criminal Conviction written by Margaret Colgate Love and published by William s Hein & Company. This book was released on 2006-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book The Eternal Criminal Record written by James B. Jacobs and published by Harvard University Press. This book was released on 2015-02-09 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over sixty million Americans, possessing a criminal record overshadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person’s interactions with just about everyone else. The Eternal Criminal Record makes transparent a pervasive system of police databases and identity screening that has become a routine feature of American life. The United States is unique in making criminal information easy to obtain by employers, landlords, neighbors, even cyberstalkers. Its nationally integrated rap-sheet system is second to none as an effective law enforcement tool, but it has also facilitated the transfer of ever more sensitive information into the public domain. While there are good reasons for a person’s criminal past to be public knowledge, records of arrests that fail to result in convictions are of questionable benefit. Simply by placing someone under arrest, a police officer has the power to tag a person with a legal history that effectively incriminates him or her for life. In James Jacobs’s view, law-abiding citizens have a right to know when individuals in their community or workplace represent a potential threat. But convicted persons have rights, too. Jacobs closely examines the problems created by erroneous record keeping, critiques the way the records of individuals who go years without a new conviction are expunged, and proposes strategies for eliminating discrimination based on criminal history, such as certifying the records of those who have demonstrated their rehabilitation.
Download or read book The New Jim Crow written by Michelle Alexander and published by The New Press. This book was released on 2020-01-07 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
Download or read book Punishment Without Crime written by Alexandra Natapoff and published by Basic Books. This book was released on 2018-12-31 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
