European University Institute Library

Fundamental rights and legal consequences of criminal conviction, edited by Sonja Meijer, Harry Annison and Ailbhe O'Loughlin

eng

Includes bibliographical references and index

index present

non fiction

Fundamental rights and legal consequences of criminal conviction

bibliography

1078995438

edited by Sonja Meijer, Harry Annison and Ailbhe O'Loughlin

Oñati international series in law and society

"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 are often 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?"--, Provided by publisher

Introduction / Sonja Meijer, Harry Annison and Ailbhe O'Loughlin -- Collateral consequences of a conviction in Spain / Elena Larrauri and Martí Rovira -- Incapacitation : salutary protection of society or the definitive elimination of people? / Marijke Malsch -- "The stain of conviction" : penal theory, fundamental rights and criminal records in Germany / Christine Morgenstern -- Proportionality as a constraint on the legal consequences of conviction / Sonja Meijer -- The detrimental legal consequences of a conviction in hungary / Krisztina Lukacs and David Vig -- Challenging the legitimacy and limits of criminal background checks in Switzerland / Anna Coninx -- Relevance of a criminal record to employment opportunity : a Greek example for a comprehensive law reform / Dimitra Blitsa and Anna Kivrakidou -- Fundamental rights and indeterminate sentencing in England and Wales : the value and limits of a right to rehabilitation / Harry Annison and Ailbhe O'Loughlin -- Intensive supervision of sexual and violent offenders in Germany / Axel Dessecker -- Bifurcation and redemption in France / Martine Herzog-Evans -- Australia's expanding jurisprudence of risk : a critical analysis of the continuing growth of Australia's preventive detention and post-sentence supervision system / Patrick Keyzer and Darren O'Donovan -- The albatross of juvenile criminal records / Nicola Carr -- Dutch criminal record screening in the light of children's rights standards Elina van 't Zand-Kurtovic