Collateral Consequences of Criminal Convictions in American Courts: The View from the State Bench

Collateral consequences are actually not 'invisible' as they are discussed relatively frequently during court proceedings. This article discusses the results of a survey sent to state court judges in 41 different states. The goal of the survey was to better understand the role of collateral consequences in criminal court proceedings and judges' understanding of that role. The survey revealed that judges do not agree on how collateral consequences should be discussed and used during sentencing, nor the degree to which collateral consequences are punitive or regulatory.


Ewald, A. C., & Smith, M. (2008). Collateral Consequences of Criminal Convictions in American Courts: The View from the State Bench*. The Justice System Journal, 29(2), 145–165. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2018531

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