Overview

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?

Full Product Details

Author:   Dr Sonja Meijer (VU University Amsterdam) ,  Dr Harry Annison (Southampton University, UK) ,  Dr Ailbhe O’Loughlin (University of York)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.440kg
ISBN:  

9781509946235

ISBN 10:   1509946233
Pages:   312
Publication Date:   28 January 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction Sonja Meijer, Harry Annison and Ailbhe O’Loughlin PART I CRIMINOLOGICAL PERSPECTIVES ON LEGAL CONSEQUENCES OF CRIMINAL CONVICTION 2. Collateral Consequences of a Conviction in Spain Elena Larrauri and Marti Rovira 3. Incapacitation: Salutary Protection of Society or the Definative Elimination of People? Marijke Malsch PART II LEGAL LIMITS ON THE LEGAL CONSEQUENCES OF CRIMINAL CONVICTION 4. The ‘Stain of Conviction’ – Penal Theory, Fundamental Rights and Criminal Records in Germany Christine Morgenstern 5. Proportionality as a Constraint on the Legal Consequences of Conviction Sonja Meijer 6. The Detrimental Legal Consequences of a Conviction in Hungary Krisztina Lukács and Dávid Vig 7. Challenging the Legitimacy and Limits of Criminal Background Checks in Switzerland Anna Coninx 8. Relevance of a Criminal Record to Employment Opportunity: A Greek Example for Comprehensive Law Reform Dimitra Blitsa and Anna Kivrakidou PART III DANGEROUS OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION 9. Fundamental Rights and Indeterminate Sentencing in England and Wales: The Value and Limits of a Right to Rehabilitation Harry Annison and Ailbhe O’Loughlin 10. Intensive Supervision of Sexual and Violent Offenders in Germany Axel Dessecker 11. Bifurcation and Redemption in France Martine Herzog-Evans 12. Australia’s Expanding Jurisprudence of Risk: A Critical Analysis of Australian Preventive Detention and Post-Sentence Supervision Systems Patrick Keyzer and Darren O’Donovan PART IV JUVENILE OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION 13. The Albatross of Juvenile Criminal Records Nicola Carr 14. Dutch Criminal Record Screening in Light of International Children’s Rights Standards Elina van ’t Zand-Kurtovic

Reviews

This crucially important collection explores and exposes the diverse, damaging and mostly hidden legal consequences of criminal conviction. Contributions from leading scholars across many jurisdictions challenge and extend our conception of what both punishment and rehabilitation entail and require. This book deserves to be read widely - and to be used to re-shape policy and practice. -- Fergus McNeill, Professor of Criminology and Social Work, University of Glasgow. Such is the pernicious and powerful impact of the criminal conviction that many former prisoners will say that the hardest part of their sentence was being released into the community. This pioneering compendium provides a first-of-its-kind overview of these often overlooked legal and extralegal consequences of criminal records across Europe. Its publication should be a major wake-up call both for academia but also legal systems across the continent, if we are serious about supporting reintegration and human rights. -- Shadd Maruna, Professor of Criminology, Queen's University Belfast

Author Information

Sonja Meijer is Assistant Professor in Criminal Law at the Department of Criminal Law and Criminology, VU University Amsterdam. Harry Annison is Associate Professor in Criminal Law at Southampton Law School, Southampton University. Ailbhe O’Loughlin is Lecturer in Criminal Law at York Law School, University of York.

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