Abstract

AbstractA criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these “collateral” legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the “minimalist view.” In this paper, I argue against the minimalist view. I contend that on a more adequate conception of punishment, some but not all CLCs constitute punishment. I also argue that whether judges should consider CLCs in sentencing decisions depends on whether the relevant CLCs constitute punishment.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.