Books and Articles

Books


Collateral Consequences of Criminal Conviction: Law Policy & Practice

Margaret Love, Jenny Roberts, & Cecelia Klingele (NACDL/West, 2d ed. 2016)

The Eternal Criminal Record

James B. Jacobs (Harvard University Press 2015)

The New Jim Crow: Mass Incarceration in the Age of Color-Blindness

Michelle Alexander (The New Press 2010)

But They All Come Back: Facing the Challenges of Prisoner Reentry

Jeremy Travis (Urban Institute Press 2005)

Invisible Punishment: The Collateral Consequences of Mass Imprisonment

Meda Chesney-Lind & Marc Mauer (The New Press 2003)

 

Articles


Unmarked? Criminal Record Clearing and Employment Outcomes

Jeffrey SelbinJustin McCrary & Joshua Epstein (forthcoming, 2017)

Revitalizing the Clemency Process

Paul Larkin, 39 Harvard Journal of Law and Public Policy 833 (2016)

A New Era for Expungement Law Reform? Recent Developments at the State and Federal Levels 

Brian Murray, 10 Harvard Law and Policy Review 361 (2016)

Does “Ban the Box” Help or Hurt Low-Skilled Workers? – Statistical Discrimination and Employment Outcomes When Criminal Histories are Hidden

Jennifer Doleac & Benjamin Hansen (forthcoming, 2016)

Prosecuting Collateral Consequences

Eisha Jain, 104 Geo. L. J. (2016) (forthcoming)

The Effectiveness of Certificates of Relief as Collateral Consequence Relief Mechanisms: An Experimental Study

Peter Leasure & Tia Stevens Andersen, Yale Law and Policy Review Inter Alia, Vol. 35, No. 11 (2016)

Two Cultures of Punishment

Joshua Kleinfeld, 68 Stan. L. Rev. 933 (2016) [collateral consequences discussed at 965-971]

Legislating Forgiveness: A Study of Post-Conviction Certificates as Policy to Address the Employment Consequences of a Conviction

Heather Garretson, B.U. Pub. Int. L.J. (forthcoming, 2016)

Ants Under the Refrigerator? Removing Expunged Cases from Commercial Background Checks

Sharon Dietrich, Criminal Justice (Winter 2016)

No Woman No Crime: Ban the Box, Employment, and Upskilling

Daniel Shoag & Stan Veuger, HKS Working Paper No. 16-015 (2016)

American Criminal Record Exceptionalism 

Kevin Lapp, 14 Ohio St. J. Crim. Law __ (forthcoming, 2016)

Collateral Consequences and the Preventive State

Sandra Mayson, 91 Notre Dame L. Rev. 301 (2015)

When Mercy Seasons Justice: Interstate Recognition of Ex-Offender Rights

Wayne A. Logan, 29 U.C. Davis Law Review 1 (2015)

Justice Department Administration of the President’s Pardon Power:
A Case Study in Institutional Conflict of Interest

Margaret Love, 47 U. Tol. L. Rev. 89 (2015)

Expunging America’s Rap Sheet in the Information Age

Jenny Roberts, 2015 Wis. L. Rev. 321 (June 2015)

Managing Collateral Consequences in the Sentencing Process: The Revised Sentencing Articles of the Model Penal Code

Margaret Love, 2015 Wis. L. Rev. 247 (May 2015)

Database Infamia: Exit from the Sex Offender Registries

Wayne A. Logan, 2015 Wis. L. Rev. 119 (April 2015)

Preventing Background Screeners from Reporting Expunged Criminal Cases

Sharon Dietrich, Shriver Center (April 2015) [registration required]

Arrests as Regulation

Eisha Jain, 67 Stan. L. Rev. 809 (2015)

Is employment discrimination against ex-offenders immoral?

James Jacobs, Compilation of posts on discrimination against those with criminal records from the Volokh Conspiracy blog (Feb. 2015)

Misdemeanor Decriminalization

Alexandra Natapoff, 68 Vanderbilt L. Rev. 1055 (2015)

Judicial Challenges to the Collateral Impact of Criminal Convictions: Is True Change in the Offering?

Nora Demleitner, 90 N.Y.U. L. Rev. Online 36 (2015)

Civil Disabilities in an Era of Diminished Privacy: A Disability Approach for the Use of Criminal Records in Hiring

Andrew Elmore, 64 DuPaul Law Review 991 (2015)

I Did My Time: The Transformation of Indiana’s Expungement Law

Joseph C. Dugan, 90 Ind. L.J. 1321 (2015)

Beyond Title VII: Rethinking Race, Ex-Offender Status, and Employment Discrimination in the Information Age

Kimani Paul-Emile, 100 Va. L. Rev. 893 (2014)

Street Vendors, Taxicabs, and Exclusion Zones: The Impact of Collateral Consequences of Criminal Convictions at the Local Level

Amy P. Meek, 75 Ohio St. L.J. 1 (2014)

Sex Offender Registries Have Gone Too Far 

Five-part series on sex offender registries published by Slate.com, written by Matt Mellema, Chanakya Sethi and Jane Shim (2014)

Reinvigorating the Federal Pardon Process: What the President Can Learn from the States

Margaret Colgate Love, 9 U. St. Thomas L. Rev. 730 (2013)

Crashing the Misdemeanor System

Jenny Roberts, 70 Wash. & Lee L. Rev. 1089 (2013)

Informal Collateral Consequences

Wayne Logan, 88 Wash. L. Rev. 1103 (2013)

Beyond the Sentence – Understanding Collateral Consequences

Sarah B. Berson, NIJ Journal (May 2013)

Governors! Seize the Law: A Call to Expand the Use of Pardons to Provide Relief from Deportation

       Stacy Caplow, 22 B.U. Pub. Int.. L. J. 293 (2013)

Ex-offenders face tens of thousands of legal restrictions, bias and limits on their rights

Lorelei LairdABA Journal (June 1, 2013)

The New Civil Death:  Rethinking Punishment in the Era of Mass Conviction

Gabriel J. Chin, 160 U. Pa. L. Rev. 1789 (2012)

What’s in a Name?  A Lot if the Name is “Felon

Margaret Love, The Crime Report (March 13, 2012)

Clemency in the State of Delaware: History and Proposals for Change

Lieutenant Governor Matthew Denn, 13 Del. L. Rev. 55 (2012)

Misdemeanors

Alexandra Natapoff, 85 Southern California Law Review 101 (2012)

Administering Justice:  Removing Statutory Barriers to Reentry

Joy Radice, 83 U. Colo. L. Rev. 715 (2012)

Paying their Debt to Society:  Forgiveness, Redemption, and the Uniform Collateral Consequences of Conviction Act

Margaret Colgate Love, 54 How. L.J. 753 (2011)

Why Misdemeanors Matter:  Defining Effective Advocacy in the Lower Criminal Courts

Jenny Roberts, 45 U.C. Davis L. Rev. 277 (2011)

Making Padilla Practical:  Defense Counsel and Collateral Consequences at Guilty Plea

Gabriel J. Chin, 54 How. L.J. 675 (2011)

Expungement of Criminal Records: “The Big Lie”

Margaret Colgate Love, The Crime Report (June 23, 2011)

‘Collateral’ No More — The Practical Imperative for Holistic Defense in a Post-Padilla World…Or, How to Achieve Consistently Better Results for Clients

McGregor Smyth, 31 St. Louis U. Pub. L. Rev. 139 (2011)

The Collateral Consequences of Padilla v. Kentucky: Is Forgiveness Now Constitutionally Required?

Margaret Colgate Love, 160 U. Penn. L. Rev. Pennumbra 113 (2011)

Collateral Consequences After Padilla v. Kentucky:  From Punishment to Regulation

Margaret Colgate Love, 31 St. Louis U. Pub. L. Rev. 87 (2011)

The Twilight of the Pardon Power

Margaret Colgate Love, 100 J. Crim. L. & Criminology 1169 (2010)

Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity

Michael Pinard, 85 N.Y.U. L. Rev. 457 (2010)

Clean Slate: Expanding Expungements & Pardons for Non-Violent Federal Offenders

Lahny R. Silva, 79 U. Cin. L. Rev. 196 (2010)

Ignorance is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty Plea Process

Jenny Roberts, 95 Iowa L. Rev. 119 (2009)

Redemption in the Presence of Widespread Criminal Background Checks

A. Blumstein and K. Nakamura, Criminology 47, no. 2 (2009): 328-331

The Expanding Scope, Use and Availability of Criminal Records

James B. Jacobs & Tama Crepet, 11 N.Y.U. J. Legis. & Pub. Policy 177 (2008)

Alternatives to Conviction: Deferred Adjudication as a Way of Avoiding Collateral Consequences 

      Margaret Colgate Love, 22 Fed. Sent. Rep. 6 (2009)

Adverse Employment Consequences Triggered by Criminal Conviction:  Recent Cases Interpret State Statutes Prohibiting Discrimination

Christine Neylon O’Brien & Jonathan J. Darrow, 42 Wake Forest L. Rev. 991 (2007)

Mass Incarceration and the Proliferation of Criminal Records

James B. Jacobs, 3 St. Thomas L. Rev. 387 (2006)

An Integrated Perspective on the Collateral Consequences of Criminal Convictions and Reentry Issues Faced by Formerly Incarcerated Individuals

Michael Pinard, 86 Boston U. L. Rev. 623 (2006)

The Case for Treating Ex-Offenders As A Suspect Class

Ben Geiger, Comment, 94 Cal. L. Rev. 1191 (2006)

Holistic is Not a Bad Word: A Criminal Defense Attorney’s Guide to Using Invisible Punishments as an Advocacy Strategy

McGregor Smyth, 36 U. Tol. L. Rev. 479 (2005)

The Somewhat Suspect Class: Towards a Constitutional Framework for Evaluating Occupational Restrictions Affecting People with Criminal Records

Miriam J. Aukerman, 7 J.L. Soc’y 18 (2005)

Navigating the Hidden Obstacles to Ex-Offender Reentry

Anthony Thompson, 45 B. C. L. Rev. 255 (2004)

Starting Over With a Clean Slate:  In Praise of a Forgotten Section of the Model Penal Code

Margaret Colgate Love, 30 Fordham Urb. L.J. 1705 (2003)

Invisible Punishment: An Instrument of Social Exclusion

Jeremy Travis, from Invisible Punishment: The Collateral Consequences of Mass Imprisonment (The New Press 2003)

Effective Assistance of Counsel and the Consequences of Guilty Pleas

Gabriel J. Chin & Richard W. Holmes, Jr., 87 Cornell L. Rev. 697 (2002)

Preventing Internal Exile: The Need for Restrcitions on Collateral Sentencing Consequences

Nora V. Demleitner, 11 Stan. L. & Pol’y Rev. 153 (1999)

 


Related blog posts:

  • How effective are judicial certificates in relieving collateral consequences? (3/14/2017) - An empirical study of Ohio’s judicial “certificate of employability” finds that it is “an effective avenue for lessening the stigma of a criminal record” in the context of employment and licensing.  The certificate, authorized in 2012, lifts mandatory legal restrictions and limits employer liability for negligent hiring claims, with the goal of ensuring that employment and licensing decisions about certificate [...]
  • Federal judges challenge collateral consequences (11/29/2016) - Federal judges have begun speaking out about the burdens imposed by severe collateral consequences and the limited ability of courts to mitigate the resulting harm.  This is particularly true in the Eastern District of New York, where some judges have openly lamented the lack of statutory federal expungement authority and have used their opinions and orders to call upon the legislature [...]
  • New role for veep: chief clemency adviser? (11/11/2016) - A forthcoming article in the Harvard Journal of Law and Policy argues that the federal pardon process ought to be restructured to make the vice president the president’s chief clemency adviser.  Paul Larkin of the Heritage Foundation proposes that pardon recommendations ought to be made by an board chaired by the vice president located in the Executive Office of the [...]
  • Expungement in Pennsylvania explained (11/8/2016) - Pennsylvania has been active in recent years in expanding its judicial relief mechanisms, though it still has a long way to go to catch up to states like Kentucky, Missouri, and New Jersey, which have in the past 12 months extended their expungement laws to some felonies and/or reduced waiting periods.  No one has been more active and effective in [...]
  • Can the pardon power be revived through procedural reforms? (9/12/2016) - Mark Osler has posted a new piece arguing for an overhaul of the federal pardon process so that it more closely resembles efficient and productive state clemency systems. He argues that flaws in the process for administering the power, rather than a failure of executive will, have prevented President Obama from carrying out his ambitious clemency agenda directed atlong-sentenced drug [...]
  • “Racial profiling in hiring: A critique of new ban-the-box studies” (8/17/2016) - In June we covered two recent studies that concluded ban-the-box policies tend to decrease minority hiring because some employers use race as a proxy for criminal history.  In other words, in the absence of information about applicants’ criminal history, some employers assume that minority applicants have a record and exclude them on this assumption.  The result is that ban-the-box policies increase opportunities for whites [...]
  • “Prosecuting Collateral Consequences” is an important contribution (7/21/2016) - On Monday, the CCRC posted the abstract of an extensive new law review article, Prosecuting Collateral Consequences, 104 Georgetown L. J. 1197 (2016). The article, by a brand new University of North Carolina Law Professor, Elisha Jain, argues that new awareness of the collateral consequences of criminal conviction has extended the largely unreviewable discretion of public prosecutors into civil public [...]
  • “Divergent moral vision” — Collateral consequences in Europe and the U.S. (7/19/2016) - A new article in the Stanford Law Review discusses the radically different forms of punishment in the United States and Europe, which its author attributes at least in part to differing moral visions of wrongdoing and wrongdoers.  In Two Cultures of Punishment, Joshua Kleinfeld argues that while Americans tend to regard serious offenders as “morally deformed people rather than ordinary people [...]
  • How prosecutors use collateral consequences (7/18/2016) - A new article published in the Georgetown Law Journal argues that collateral consequences are becoming a valuable tool for prosecutors in the plea bargaining process, enabling them to leverage their existing power to control the outcome of criminal cases.  In Prosecuting Collateral Consequences, Eisha Jain of the University of North Carolina law faculty attributes this trend to a new awareness of collateral consequences [...]
  • Collateral consequences: punishment or regulation? (6/23/2016) - Have we been wrong in trying to fit the round peg of collateral consequences into the square hole of punishment?  Sandra Mayson, a Fellow at the Quattrone Center at the University of Pennsylvania Law School, says yes.  In an article published in the Notre Dame Law Review, Mayson challenges the view of some scholars that mandatory collateral consequences should be [...]
  • Do ban-the-box policies increase racial discrimination in hiring? (6/22/2016) - Update: The National Employment Law Project has responded to these studies with a critique that we cover here. Ban-the-box policies have become popular in recent years as a way of minimizing discrimination based on criminal history, and have been adopted by 24 states, the federal government, and a number private companies. But until recently there has been little hard data available about the [...]
  • Study shows certificates work to create job opportunities (5/25/2016) - A new empirical study provides important evidence that “certificates of recovery/relief” can be effective in facilitating employment opportunities for people with a criminal record.  Two University of South Carolina criminologists have concluded that employers in Ohio are willing to look beyond the criminal histories of job applicants who have been issued a Certificate of Qualification for Employment (CQE) from a state court. The [...]
  • New York certificates of relief fall short in practice (2/29/2016) - New York’s venerable certificate of relief scheme, which aims to mitigate the adverse collateral effects of criminal conviction, has served as a blueprint for certificate laws recently adopted in many other states.  But are New York’s certificates actually effective at restoring rights and status? That is a question addressed in two new scholarly articles, both of which find that New York’s certificates are frequently [...]
  • Criminal records and immigration in Europe and the U.S. (12/8/2015) - What are the emerging trends in Europe and the United States in considering a person’s past criminal record for purposes of travel, work and residency?  Professor James Jacobs of NYU Law School and three co-authors have just posted on SSRN a fascinating article titled Criminal Records and Immigration:  Comparing the United States and the European Union.   Research for the [...]
  • Interstate restoration of rights (11/24/2015) - Can people restored to full legal status in one state expect their status to be recognized if they move to another state, just as marriage is generally given interstate recognition?  Can a person convicted in one state qualify for restoration of rights in another? What about a federal offender seeking relief under state law, or a state offender seeking relief [...]
  • Slate asks why presidents are granting less clemency; Justice answers (9/5/2015) - Slate has posted a new piece by Leon Neyfakh entitled “The Pardon Process Is Broken.”  The piece points out that “presidents are granting clemency far less often than they once did,” and asks “Why?”  It answers its own question by distilling an article by Margaret Love to be published in the Toledo Law Review, which argues that the low grant [...]
  • Should DOJ be gatekeeper of president’s pardon power? (8/31/2015) - Last week Sentencing Law & Policy highlighted a new article by CCRC director Margaret Love that examines the Justice Department’s historical role in administering the president’s pardon power.  The article (“Justice Department Administration of the President’s Pardon Power: A Case Study in Institutional Conflict of Interest”) concludes that an institutional conflict of interest has made Justice a progressively less responsible and effective [...]
  • Book review: “The Eternal Criminal Record” (8/24/2015) - Nobody disputes that an enormous number of Americans have a criminal record.  For people with a criminal past, a segment of the population that in some cases faces a laundry list of social and economic challenges, these records define – and limit – their ability to reintegrate into the community.  This is a complex policy that has not received a [...]
  • Managing collateral consequences in the sentencing process (6/6/2015) - A new paper by CCRC editor Margaret Love describes how the newly revised sentencing articles of the Model Penal Code manage collateral collateral consequences by integrating them into the sentencing process.  The article, published in the Wisconsin Law Review, compares the new MPC provisions with the collateral consequences provisions of the original 1962 Code.  Here is the abstract: The debased legal [...]
  • Collateral consequences of conviction in Greece (5/20/2015) - Collateral Consequences of Conviction in Greece[1] by Dimitra Blitsa 1. Access to Greek Criminal Records  In Greece, a criminal record is created for every adult[2] person who has been irrevocably convicted of a misdemeanor or a felony (i.e. by a decision not subject to an appeal before the Supreme Court). Unlike in the U.S. but consistent with continental European countries, [...]