
Fundamental Rights and Legal Consequences of Criminal Conviction
Hart Publishing
Published on 27. June 2019
Book
Hardback
312 pages
978-1-5099-2097-6 (ISBN)
Description
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?
Reviews / Votes
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. -- Fergus McNeill, Professor of Criminology and Social Work, University of Glasgow. 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. -- Shadd Maruna, Professor of Criminology, Queen's University Belfast This fascinating volume ... [is] an invaluable tool. -- Margaret Love * Criminal Law and Criminal Justice Books *More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Dimensions
Height: 234 mm
Width: 156 mm
Weight
622 gr
ISBN-13
978-1-5099-2097-6 (9781509920976)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Sonja Meijer | Harry Annison | Ailbhe O'Loughlin
Fundamental Rights and Legal Consequences of Criminal Conviction
E-Book
06/2019
1st Edition
Hart Publishing
€39.99
Available for download
Persons
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.
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.
Editor
VU University Amsterdam
University of Southampton, UK
University of York
Content
1. Introduction
Sonja Meijer, Harry Annison and Ailbhe O'Loughlin
PART I
CRIMINOLOGICAL PERSPECTIVES ON LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
2. Collateral Consequences of a Conviction in Spain
Elena Larrauri and Marti Rovira
3. Incapacitation: Salutary Protection of Society or the Definative Elimination of People?
Marijke Malsch
PART II
LEGAL LIMITS ON THE LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
4. The 'Stain of Conviction' - Penal Theory, Fundamental Rights and Criminal Records in Germany
Christine Morgenstern
5. Proportionality as a Constraint on the Legal Consequences of Conviction
Sonja Meijer
6. The Detrimental Legal Consequences of a Conviction in Hungary
Krisztina Lukacs and David Vig
7. Challenging the Legitimacy and Limits of Criminal Background Checks in Switzerland
Anna Coninx
8. Relevance of a Criminal Record to Employment Opportunity: A Greek Example for Comprehensive Law Reform
Dimitra Blitsa and Anna Kivrakidou
PART III
DANGEROUS OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
9. Fundamental Rights and Indeterminate Sentencing in England and Wales: The Value and Limits of a Right to Rehabilitation
Harry Annison and Ailbhe O'Loughlin
10. Intensive Supervision of Sexual and Violent Offenders in Germany
Axel Dessecker
11. Bifurcation and Redemption in France
Martine Herzog-Evans
12. Australia's Expanding Jurisprudence of Risk: A Critical Analysis of Australian Preventive Detention and Post-Sentence Supervision Systems
Patrick Keyzer and Darren O'Donovan
PART IV
JUVENILE OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
13. The Albatross of Juvenile Criminal Records
Nicola Carr
14. Dutch Criminal Record Screening in Light of International Children's Rights Standards
Elina van 't Zand-Kurtovic
Sonja Meijer, Harry Annison and Ailbhe O'Loughlin
PART I
CRIMINOLOGICAL PERSPECTIVES ON LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
2. Collateral Consequences of a Conviction in Spain
Elena Larrauri and Marti Rovira
3. Incapacitation: Salutary Protection of Society or the Definative Elimination of People?
Marijke Malsch
PART II
LEGAL LIMITS ON THE LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
4. The 'Stain of Conviction' - Penal Theory, Fundamental Rights and Criminal Records in Germany
Christine Morgenstern
5. Proportionality as a Constraint on the Legal Consequences of Conviction
Sonja Meijer
6. The Detrimental Legal Consequences of a Conviction in Hungary
Krisztina Lukacs and David Vig
7. Challenging the Legitimacy and Limits of Criminal Background Checks in Switzerland
Anna Coninx
8. Relevance of a Criminal Record to Employment Opportunity: A Greek Example for Comprehensive Law Reform
Dimitra Blitsa and Anna Kivrakidou
PART III
DANGEROUS OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
9. Fundamental Rights and Indeterminate Sentencing in England and Wales: The Value and Limits of a Right to Rehabilitation
Harry Annison and Ailbhe O'Loughlin
10. Intensive Supervision of Sexual and Violent Offenders in Germany
Axel Dessecker
11. Bifurcation and Redemption in France
Martine Herzog-Evans
12. Australia's Expanding Jurisprudence of Risk: A Critical Analysis of Australian Preventive Detention and Post-Sentence Supervision Systems
Patrick Keyzer and Darren O'Donovan
PART IV
JUVENILE OFFENDERS AND LEGAL CONSEQUENCES OF CRIMINAL CONVICTION
13. The Albatross of Juvenile Criminal Records
Nicola Carr
14. Dutch Criminal Record Screening in Light of International Children's Rights Standards
Elina van 't Zand-Kurtovic