Mythical Divide between Collateral and Direct Consequences of Criminal Convictions: Involuntary...

Courts should be required to inform people charged with a crime of any consequences, legal or otherwise, that a reasonable person would think important to be aware of when considering how to plead. To illustrate the importance of being fully aware of all consequences of conviction, whether collateral or direct, this law article uses the example of people convicted of sexual offenses who are later (after their initial imprisonment) involuntarily confined and labeled as 'sexual predators', through a process they were unaware of prior to pleading guilty. While a relatively small number of people are subject to this specific consequence, the author warns that the current system (in which it is not typically a requirement to inform people of consequences outside of their direct punishment) is prime to increase the application of similarly egregious 'collateral' consequences.


Roberts, J. (2008). Mythical Divide between Collateral and Direct Consequences of Criminal Convictions: Involuntary Commitment of Sexually Violent Predators. Minnesota Law Review, 93, 670–740. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1103172

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