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Fundamental Rights and Legal Consequences of Criminal Conviction

Fundamental Rights and Legal Consequences of Criminal Conviction

Author: Sonja Meijer; Harry Annison; Ailbhe O'Loughlin
Publisher: Hart Publishing
ISBN: 9781509920976

Published In: June 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946235

List Price: HKD 1,170.00

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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 often are 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?

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