Category: Scholarly articles

New national study finds ban-the-box policies generally effective

A new nation-wide study of “ban-the-box” policies in public employment finds that they have been generally effective in increasing employment opportunities for people with a criminal record. Significantly, the study finds no evidence that these policies encourage reliance on racial stereotyping where public employment alone is concerned — though the author acknowledged, in an interview with the CCRC, that “the evidence is mixed” when private employment is also considered. “Ban-the-box” policies, which delay employer inquiries about an applicant’s background until a later stage in the hiring process, have become a popular reform measure at least in part because it can be implemented…

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Collateral consequences scholarship round-up

Collateral consequences and restoration of rights have become hot topics in academia as the consequences of conviction grow more severe and the need for law reform becomes more apparent.  Below we survey notable articles on topics relating to collateral consequences that have been released so far in 2017, some of which will be covered in more detail in subsequent posts.  We hope to make scholarship round-ups a regular feature on the CCRC site, and we welcome submissions on relevant topics.  A more complete collection of scholarship on issues relating to collateral consequences can be found on our “Books & Articles” page.   “Briefing the Supreme Court:…

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How effective are judicial certificates in relieving collateral consequences?

An empirical study of Ohio’s judicial “certificate of qualification for employment” 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 holders are on a case-by-case basis, on the merits. The court-issued certificate is available to anyone with any Ohio conviction, no matter how serious, as long as they have completed their sentence and can show that they are…

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Federal judges challenge collateral consequences

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 to ensure that those with criminal records are given a fair shot at success.  Among the more vocal critics of collateral consequences is recently retired Judge John Gleeson, who last year took the extraordinary step of expunging one woman’s criminal…

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New role for veep: chief clemency adviser?

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 President.  This intriguing idea may appeal to the Trump Administration, particularly since the new vice president has had some experience with pardoning as governor of Indiana. Here is the abstract of the article: The need for reconsideration of the federal…

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