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Fundamental Rights and Legal Consequences of Criminal Conviction: Oñati International Series in Law and Society

Editat de Dr Sonja Meijer, Dr Harry Annison, Dr Ailbhe O’Loughlin
en Limba Engleză Hardback – 26 iun 2019
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?
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Specificații

ISBN-13: 9781509920976
ISBN-10: 1509920978
Pagini: 312
Dimensiuni: 156 x 234 x 21 mm
Greutate: 0.62 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Oñati International Series in Law and Society

Locul publicării:London, United Kingdom

Caracteristici

Of interest to academics and students, as well as policymakers and practitioners in the areas of criminal law, criminology, human rights law, administrative law, civil law and labour law

Notă biografică

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.

Cuprins

1.IntroductionSonja Meijer, Harry Annison and Ailbhe O'Loughlin PART ICRIMINOLOGICAL PERSPECTIVES ON LEGAL CONSEQUENCES OF CRIMINAL CONVICTION2.Collateral Consequences of a Conviction in SpainElena Larrauri and Marti Rovira3.Incapacitation: Salutary Protection of Society or the Definative Elimination of People?Marijke Malsch PART IILEGAL LIMITS ON THE LEGAL CONSEQUENCES OF CRIMINAL CONVICTION4.The 'Stain of Conviction' - Penal Theory, Fundamental Rights and Criminal Records in GermanyChristine Morgenstern5.Proportionality as a Constraint on the Legal Consequences of ConvictionSonja Meijer6.The Detrimental Legal Consequences of a Conviction in HungaryKrisztina Lukács and Dávid Vig7.Challenging the Legitimacy and Limits of Criminal Background Checks in SwitzerlandAnna Coninx8.Relevance of a Criminal Record to Employment Opportunity: A Greek Example for Comprehensive Law ReformDimitra Blitsa and Anna Kivrakidou PART IIIDANGEROUS OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION9.Fundamental Rights and Indeterminate Sentencing in England and Wales: The Value and Limits of a Right to RehabilitationHarry Annison and Ailbhe O'Loughlin10.Intensive Supervision of Sexual and Violent Offenders in GermanyAxel Dessecker11.Bifurcation and Redemption in FranceMartine Herzog-Evans12.Australia's Expanding Jurisprudence of Risk: A Critical Analysis of Australian Preventive Detention and Post-Sentence Supervision SystemsPatrick Keyzer and Darren O'Donovan PART IVJUVENILE OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION13.The Albatross of Juvenile Criminal RecordsNicola Carr14.Dutch Criminal Record Screening in Light of International Children's Rights StandardsElina van 't Zand-Kurtovic

Recenzii

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.
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.