Fundamental rights and legal consequences of criminal conviction / edited by Sonja Meijer, Harry Annison and Ailbhe O'Loughlin.

Format:

Book

Contributor:

Annison, Harry Michael John, 1985- editor.

Meijer, Sonja, 1980- editor.

O'Loughlin, Ailbhe, editor.

Oñati International Institute for the Sociology of Law, sponsoring body.

Series:

Oñati international series in law and society.

Oñati international series in law and society

Language:

English

Subjects (All):

Ex-convicts--Legal status, laws, etc--Congresses.

Ex-convicts.

Judgments, Criminal--Social aspects--Congresses.

Judgments, Criminal.

Physical Description:

1 online resource (311 pages).

Place of Publication:

Oxford, UK ; Chicago, Illinois : Hart Publishing, 2019.

Summary:

"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?"--Bloomsbury Publishing.

Contents:

Introduction

Sonja Meijer, Harry Annison and Ailbhe O'Loughlin

Collateral consequences of a conviction in Spain

Elena Larrauri and Martí Rovira

Incapacitation : salutary protection of society or the definitive elimination of people?

Marijke Malsch

"The stain of conviction" : penal theory, fundamental rights and criminal records in Germany

Christine Morgenstern

Proportionality as a constraint on the legal consequences of conviction

Sonja Meijer

The detrimental legal consequences of a conviction in hungary

Krisztina Lukacs and David Vig

Challenging the legitimacy and limits of criminal background checks in Switzerland

Anna Coninx

Relevance of a criminal record to employment opportunity : a Greek example for a comprehensive law reform

Dimitra Blitsa and Anna Kivrakidou

Fundamental rights and indeterminate sentencing in England and Wales : the value and limits of a right to rehabilitation

Harry Annison and Ailbhe O'Loughlin

Intensive supervision of sexual and violent offenders in Germany

Axel Dessecker

Bifurcation and redemption in France

Martine Herzog-Evans

Australia's expanding jurisprudence of risk : a critical analysis of the continuing growth of Australia's preventive detention and post-sentence supervision system

Patrick Keyzer and Darren O'Donovan

The albatross of juvenile criminal records

Nicola Carr

Dutch criminal record screening in the light of children's rights standards Elina van 't Zand-Kurtovic.

Notes:

Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily.

Includes papers presented at a workshop sponsored by the Oñati International Institute for the Sociology of Law (IISL). --ECIP acknowledgments.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509921003

1509921001

9781509920990

1509920994

9781509920983

1509920986

OCLC:

1086408526