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

Love, Margaret Colgate

doi:10.1525/fsr.2009.22.1.6

Cited by 9 publications

(8 citation statements)

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“…A felony conviction gives rise to a multitude of legal and regulatory “structural impediments” (Chiricos, Barrick, and Bales , 548; see also O'Brien ; Pager ; Weaver and Lerman ) restricting convicted felons’ access to many facets of civic and social life (Mauer and Chesney‐Lind ; Travis ; Love ). Convicted felons also face informal, interpersonal stigmatization (Goffman ; Irwin ; Aresti, Eatough, and Brooks‐Gordon ).…”

Section: Resultsmentioning

confidence: 99%

Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Binnall¹

2018

Law soc. inq.

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This exploratory study is the first to examine how convicted felons view the jury process and their role in that process. Data derived from interviews with former and prospective felon‐jurors in Maine, the only US jurisdiction that does not restrict a convicted felon's opportunity to serve as a juror, reveal that participants displayed an idealized view of jury service, stressing a commitment to serve conscientiously. Additionally, inclusion in the jury process affirmed their transitions from “offenders” to “nonoffenders.” In response, participants exhibited a sense of particularized self‐worth, emphasizing that negative experiences with the criminal justice system make one a more effective juror. In sum, this study suggests that among convicted felons, inclusion in the jury process may prompt conformity with the “ideal juror” role, facilitate prosocial identity shifts by mitigating the “felon” label, and help former offenders to find personal value.

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Section: Resultsmentioning

confidence: 99%

Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Binnall¹

2018

Law soc. inq.

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“…Therefore, it is suggested that policy makers focus on creating methods for offenders to navigate these ''social consequences'' and to overcome legally imposed barriers. These methods might include providing more helpful supervision and discussing the significance of collateral consequences with offenders; creating more avenues for formal relief from consequences (Love, 2009), such as pardons, expungement, or other sealing of criminal records; and making collateral consequences discretionary such that offenders may have the opportunity to establish the fact of their rehabilitation or redemption (see Blumstein & Nakamura, 2009;Bushway et al, 2011;Soothill & Francis, 2009). Policy makers may also want to ensure that collateral consequences are designed to achieve their intended purposes (Ewald & Smith, 2008) and to tailor collateral consequences to the offender or the offense.…”

Section: Relevant Implications For Policymentioning

confidence: 99%

“…Several comprehensive reviews of collateral consequences of conviction in specific states have been completed in recent years. Most of these reviews are designed to inform defense attorneys and their clients of the existing collateral consequences of conviction, and often, of mechanisms for relief (see also Love, 2009). 2.…”

Section: Declaration Of Conflicting Interestsmentioning

confidence: 99%

Criminal Justice Practitioners’ Perceptions of Collateral Consequences of Criminal Conviction on Offenders

Goulette

Reitler

Frank

et al. 2014

Criminal Justice Review

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Scholars and policy makers wish to eliminate many collateral consequences to promote successful offender reentry. Current proposals to reduce collateral consequences of conviction typically involve the participation of criminal justice practitioners. This study surveyed criminal justice practitioners in Ohio to assess their perceptions of the percentage of offenders affected by particular collateral consequences and the magnitude of the impact of these consequences. The findings suggest that, although there is variability in perceptions across different categories of restrictions, justice officials believe relatively few offenders are affected by collateral consequences, and the perceived impact is relatively small. Efforts to eliminate collateral consequences may not have their intended effect on offender reentry.

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“…Including additional comparison groups is essential to contextualize findings and properly inform decision-makers, especially in the case of misdemeanors. For example, prosecutorial charging decisions and judicial sentencing decisions in misdemeanor cases could certainly be impacted if one were able to empirically demonstrate that misdemeanor convictions were stigmatized at or near the level as felony convictions (see Love, 2016, discussing cases in which judicial sentencing was influenced by collateral consequences resulting from felonies). Third, Uggen and colleagues (2014) focused on in-person applications.…”

Section: Introductionmentioning

confidence: 99%

Misdemeanor Records and Employment Outcomes: An Experimental Study

Leasure

2018

Crime & Delinquency

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This study examined whether misdemeanor drug convictions impact entry-level hiring outcomes. An experimental correspondence study was used whereby fictitious resumes are sent to employers. Resumes were randomly assigned to one of three conditions: no criminal record, 1-year-old misdemeanor record, and a 1-year-old felony record. Resumes were also randomly assigned with a distinctively White or African American name. Job type was used as an additional predictor. Results indicate that a misdemeanor conviction significantly hinders hiring outcomes for both African American and White applicants. However, results did not show statistically significant differences in the outcome between races. These results should be utilized to better inform defendants, practitioners, and policy-makers on the negative impacts of low-level convictions.

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

Cited by 9 publications

References 0 publications

Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Summonsing Criminal Desistance: Convicted Felons' Perspectives on Jury Service

Criminal Justice Practitioners’ Perceptions of Collateral Consequences of Criminal Conviction on Offenders

Misdemeanor Records and Employment Outcomes: An Experimental Study

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