Criminalization and the collateral consequences of conviction

Hoskins, Zachary

Abstract

Convicted offenders face a host of so-called “collateral” consequences: formal measures such as legal restrictions on voting, employment, housing, or public assistance, as well as informal consequences such as stigma, family tensions, and financial insecurity. These consequences extend well beyond an offender’s criminal sentence itself and are frequently more burdensome than the sentence. This essay considers two respects in which collateral consequences may be relevant to the question of what the state should, or may, criminalize. First, they may be relevant according to specific accounts of criminalization, including plausible versions of the harm principle and legal moralism. Second, they may be relevant to the legitimacy of state criminalization more generally. Thus for legal theorists concerned with the issue of legitimate criminalization, normative questions raised by collateral consequences are of central importance.

Citation

Hoskins, Z. (2017). Criminalization and the collateral consequences of conviction. Criminal Law and Philosophy, https://doi.org/10.1007/s11572-017-9449-2

• Journal Article Type: Article
• Acceptance Date: Sep 24, 2017
• Online Publication Date: Oct 28, 2017
• Publication Date: Oct 28, 2017
• Deposit Date: Oct 20, 2017
• Publicly Available Date: Aug 15, 2018
• Journal: Criminal Law and Philsophy
• Print ISSN: 1871-9791
• Electronic ISSN: 1871-9805
• Publisher: Springer Verlag
• Peer Reviewed: Peer Reviewed
• DOI: https://doi.org/10.1007/s11572-017-9449-2
• Public URL: https://nottingham-repository.worktribe.com/output/884566
• Publisher URL: https://link.springer.com/article/10.1007/s11572-017-9449-2