Forgiving, Forgetting, and Forgoing: Legislative Experiments in Restoring Rights and Status (Editor's Observations)
30 Federal Sentencing Reporter 231 (2018)
17 Pages Posted: 22 Dec 2018
Date Written: June 15, 2018
The long-awaited revision of the sentencing articles of the Model Penal Code makes clear that discussions about sentencing reform must extend to the collateral consequences of arrest and conviction. From now on, it will no longer be acceptable to address collateral consequences solely or even primarily as a matter of public safety in the immediate context of post-incarceration reentry. Rather, the larger criminal justice agenda must include a strategy for dealing with long-term legal and social discrimination based on criminal record as a matter of efficiency and fairness, a strategy in which courts must play a central role.
The articles and primary materials in this Issue of the Federal Sentencing Reporter emerged from a Roundtable conference sponsored by the American Law Institute (ALI) and the National Conference of State Legislatures (NCSL) in January 2018, provide a range of perspectives and experiences that will be useful in developing that strategy going forward. While their immediate focus is the legislative process, they also illuminate how collateral consequences affect civil and criminal practitioners, judges, and scholars. The Roundtable did not produce a specific set of recommendations, but a consensus emerged from its discussion around certain basic principles that should prove useful to all those concerned with legislative and judicial management of the problem of collateral consequences.
Keywords: Collateral Consequences, Sentencing, Model Penal Code
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