Battling Collateral Consequences: The Long Road to Redemption

2012 ◽  
Author(s):  
Joann M. Sahl
Keyword(s):  
Collateral Consequences

Measuring Collateral Consequences Among Individuals Registered for a Sexual Offense: Development of the Sexual Offender Collateral Consequences Measure

Sexual Abuse ◽  
2021 ◽  
pp. 107906322110197
Author(s):  
Emma Hamilton ◽  
Delida Sanchez ◽  
Matthew L. Ferrara
Keyword(s):  
Reliability And Validity ◽  
Sexual Offender ◽  
Well Being ◽  
Self Report ◽  
Sexual Offense ◽  
Future Directions ◽  
Collateral Consequences ◽  
Validity Indicators ◽  
Validated Instrument ◽  
Adequate Reliability

Collateral consequences faced by individuals convicted of a sexual offense have been widely referenced in the literature. There is yet to be a systematic examination of collateral consequences affecting individuals, however, due to measurement inconsistencies and the absence of a psychometrically validated instrument. The current study developed and validated a measure of collateral consequences faced by individuals convicted of a sexual offense. Specifically, this study investigated (a) the underlying factor structure of collateral consequences commonly endorsed by individuals convicted of a sexual offense through Exploratory Factor Analysis (EFA) procedures and (b) reliability and validity indicators of the aforementioned scale. Participants were 218 individuals convicted of and registered for a sexual offense in the state of Texas. Study measures included a pool of 66 collateral consequences items in addition to psychological self-report instruments addressing hopelessness, shame, social well-being, and discrimination. EFA results revealed a two-dimensional construct representing collateral consequences affecting areas of social and psychological well-being. The current measure demonstrated adequate reliability and validity. Limitations and future directions of findings are addressed.

SEC Enforcement: Self-Reporting Share Class Selection Disclosure Initiative

2018 ◽  
Vol 19 (2) ◽  
pp. 16-18
Author(s):  
Elaine Greenberg
Keyword(s):  
Mutual Fund ◽  
Conflicts Of Interest ◽  
Self Report ◽  
Complex Nature ◽  
Collateral Consequences ◽  
Content Type ◽  
Applicable Law ◽  
Enforcement Action ◽  
Business Operations ◽  
Investment Advisers

Purpose This paper aims to explain the U.S. Securities and Exchange Commission’s (SEC’s) recent Share Class Selection Disclosure (SCSD) Initiative, which offers potentially favorable settlement terms to investment advisers who self-report to the SEC’s Enforcement Division violations of the federal securities laws relating to certain mutual fund share class selection issues and to discuss factors for consideration by investment advisers regarding their possible participation in this initiative. Design/methodology/approach This paper discusses the conditions and terms of the SEC’s SCSD Initiative, the SEC’s focus on conflicts of interest associated with mutual fund share class selection, the applicable law, the complex nature of these issues and the factors that investment advisers should consider in determining whether to participate in the initiative. Findings The assessment of the facts and the evaluation and analysis of the issues may be both time-consuming and complex. Firms need to carefully consider whether the potential benefits of self-reporting outweigh any possible downsides, including the potential collateral consequences that an SEC enforcement action may have on their business operations. Originality/value This paper contains valuable information about a recent SEC Enforcement Initiative and provides practical guidance from experienced securities counsel.

After the Crime

2021 ◽  
Vol 24 (3) ◽  
pp. 367-396
Author(s):  
Paul H. Robinson ◽  
Muhammad Sarahne
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Decision Makers ◽  
Access To Education ◽  
Preferential Treatment ◽  
Collateral Consequences ◽  
Probation And Parole ◽  
Principles Of Justice

Although an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision makers in the criminal justice system. Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive post-offense conduct that merit special recognition and preferential treatment: the responsible offender, who avoids further deceit and damage to others during the process leading to conviction; the debt-paid offender, who suffers the full punishment deserved (according to true principles of justice rather than the sentence actually imposed); the reformed offender, who takes affirmative steps to leave criminality behind; and the redeemed offender, who out of genuine remorse tries to atone for the offense. The essay considers how one might operationalize a system for giving special accommodation to such offenders. Positive post-offense conduct might be rewarded, for example, through the selection and shaping of sanctioning methods, through giving preference in access to education, training, treatment, and other programs, and through elimination or restriction of collateral consequences of conviction that continue after the sentence is completed.

Attack Decision-Making

2019 ◽  
pp. 325-374
Author(s):  
Geoffrey S. Corn
Keyword(s):  
Decision Making ◽  
Armed Conflict ◽  
Criminal Responsibility ◽  
Collateral Consequences ◽  
Civilian Protection ◽  
Law Of Armed Conflict ◽  
The Law ◽  
The Relationship ◽  
Proportionality Rule

Proportionality is one of the most important civilian protection rules in the Law of Armed Conflict (LOAC). In an era when combat almost always occurs in areas with substantial civilian populations, the proportionality rule is critical to protecting civilians and civilian property from the incidental and collateral consequences of attacks directed at otherwise lawful targets. The proportionality rule, however, prohibits attacks against otherwise lawful military objectives only when the attacker anticipates that civilian casualties or destruction to civilian property will be excessive in relation to the concrete and direct military advantage anticipated from the attack. Application of the proportionality rule has triggered ongoing debates over the meaning of its constituent terms: What is a military advantage? How is military advantage to be valued? What qualifies as a concrete and direct advantage? When does the knowing infliction of civilian harm qualify as excessive? Considering criminal accountability adds another layer of complexity: What is the proper standard of assessing criminal responsibility based on a violation of this obligation? This chapter explores the relationship between the duty of obedience and the implementation of the proportionality obligation at the tactical level. Given that deliberate attack planning and dynamic targeting arise in different operational contexts, each requires a different implementation focus.

Collateral Consequences and Disenfranchisement

2019 ◽  
pp. 168-186
Author(s):  
Vanessa A. Edkins
Keyword(s):  
United States ◽  
Justice System ◽  
Current System ◽  
High Rate ◽  
Future Research ◽  
Collateral Consequences ◽  
Right To Vote ◽  
The Right ◽  
Convicted Felons ◽  
Proper Consideration

With the high rate of guilty pleas in our justice system, attention needs to be paid to the consequences of these convictions, beyond the sanctions imposed at a sentencing hearing. Namely, the increase in guilty pleas has led to an unprecedented number of United States citizens with restrictions imposed on them that limit their employment, access to housing or government assistance, and to an unprecedented number being deprived of the right to vote. These collateral consequences of convictions, and the disenfranchisement resulting from the loss of the vote, can disrupt an individual’s life often to a greater extent than the short imprisonment many convicted felons face. This chapter looks at the effects of collateral consequences and disenfranchisement, how these may play into the decision to accept a plea (and who should be informing defendants about these restrictions), and whether proper consideration of the effect of collateral consequences is possible given how our current system of pleas is structured. Areas for future research are also identified.

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