Abstract

http://ssrn.com/abstract=1864917
 
 

Footnotes (263)



 


 



Administering Justice: Removing Statutory Barriers to Reentry


Joy Radice


New York University School of Law

July 5, 2011

University of Colorado Law Review, Vol. 83, p. 715, 2012
NYU School of Law, Public Law Research Paper No. 11-48

Abstract:     
After years of swelling prison populations, the reentry into society of people with criminal convictions has become a central criminal justice issue. Scholars, advocates, judges, and lawmakers have repeatedly emphasized that, even after prison, punishment continues from severe civil penalties that are imposed by federal and state statutes on anyone with a conviction. To alleviate the impact of these punishments, they have increasingly endorsed state legislation that creates certificates of rehabilitation. Seven states offer these post- conviction certificates, and six others proposed such legislation in 2011. Many look to New York’s statute as the best model because it is the oldest and most robust. Yet no article has examined New York’s experience with Certificates of Rehabilitation.

This Article draws lessons from the fifty-year history of New York’s Certificates of Rehabilitation to describe features of an ideal administrative mechanism that removes statutory barriers to reentry. I argue that a model Certificate of Rehabilitation statute will have a strong enforcement mechanism and clear directives for administering authorities. Successful implementation also requires committed administrative leadership and an effective means for making certificates accessible to the population they serve. Certificates of Rehabilitation do not erase a person’s criminal history, but they offer legal and social recognition that after a criminal conviction, a person deserves a second chance.

Number of Pages in PDF File: 66

Keywords: reentry, felon, offender, administrative, crime, criminal law, rehabilitation

Accepted Paper Series





Download This Paper

Date posted: June 20, 2011 ; Last revised: June 21, 2012

Suggested Citation

Radice, Joy, Administering Justice: Removing Statutory Barriers to Reentry (July 5, 2011). University of Colorado Law Review, Vol. 83, p. 715, 2012; NYU School of Law, Public Law Research Paper No. 11-48. Available at SSRN: http://ssrn.com/abstract=1864917

Contact Information

Joy Radice (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,631
Downloads: 293
Download Rank: 59,731
Footnotes:  263

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.375 seconds