Abstract

http://ssrn.com/abstract=1973789
 


 



The Collateral Consequences of Padilla V. Kentucky: Is Forgiveness Now Constitutionally Required?


Margaret Colgate Love


Law Office of Margaret Love

December 2, 2011

University of Pennsylvania Law Review PENNumbra, Vol. 160, No. 113, 2011

Abstract:     
People who commit a crime and are brought before a court to be sentenced expect to face a prison term or at least probation, and perhaps a fine. They may expect to experience a degree of social opprobrium, the so-called “stigma of conviction.” They surely understand that having a criminal record is not career-enhancing. But they also probably think that at some point they will be able to pay their debt to society and return to its good graces. They are reinforced in their belief in the possibility of redemption by periodic reminders from our elected leaders: President George W. Bush called America “the land of second chance,” and President Obama famously called to congratulate the Philadelphia Eagles for letting Michael Vick walk directly from prison back into the team’s starting lineup.

But the reality for people of ordinary abilities is very different. For them, the so-called “collateral” consequences of conviction are numerous, severe, and very hard to mitigate. Moreover, because conviction-based dis-qualifications are generally imposed by statute or regulation rather than by a judge in open court, criminal defendants usually have no idea what is in store for them. While conventionally labeled as “civil,” collateral consequences are increasingly understood and experienced as criminal punishment, and never-ending punishment at that. In Padilla v. Kentucky, the Supreme Court suggested that these disproportionate, rigid, and largely secret penalties have constitutional limits. At one level, Padilla is about a lawyer’s duty to warn a client considering a guilty plea about the likelihood of deportation. At another, Padilla sends a shot across the bow of a justice system whose effects are increasingly felt in contexts over which courts have no control. Padilla gives new force to an argument that criminal offenders are entitled to a chance at forgiveness.

Number of Pages in PDF File: 15

Accepted Paper Series





Download This Paper

Date posted: December 18, 2011  

Suggested Citation

Love, Margaret Colgate, The Collateral Consequences of Padilla V. Kentucky: Is Forgiveness Now Constitutionally Required? (December 2, 2011). University of Pennsylvania Law Review PENNumbra, Vol. 160, No. 113, 2011. Available at SSRN: http://ssrn.com/abstract=1973789

Contact Information

Margaret Colgate Love (Contact Author)
Law Office of Margaret Love ( email )
15 Seventh Street, N.E.
Washington, DC 20002
United States
202-547-0453 (Phone)
202-236-0484 (Fax)
HOME PAGE: http://www.pardonlaw.com
Feedback to SSRN


Paper statistics
Abstract Views: 329
Downloads: 67
Download Rank: 208,312

© 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 0.281 seconds