Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Kidnapping · Pimping · Rape · Sexual offences
Manslaughter · Murder
Crimes against property
Criminal damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

Collateral consequences of criminal charges, known as the "Four C's" in legal parlance [1], are the results of arrest, prosecution or conviction that are not part of the sentence imposed. Image File history File links Scale_of_justice. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Actus reus is the action (or inaction, in the case of criminal negligence and similar crimes which are sometimes called acts of omission) which, in combination with the mens rea (guilty mind), produces criminal liability in common law based criminal law jurisdictions such as the United States, United Kingdom. ... Causation is the bringing about of a result, and in law it is an element in various tests for legal liability. ... For other uses, see concurrency. ... The mens rea is the Latin term for guilty mind used in the criminal law. ... In the criminal law, intention is one of the three general classes of mens rea necessary to constitute a conventional as opposed to strict liability crime. ... In the criminal law, recklessness (sometimes also termed willful blindness which may have a different meaning in the United States) is one of the three possible classes of mental state constituting mens rea (the Latin for guilty mind). To commit an offence of ordinary as opposed to strict liability, the... Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal... Ignorantia juris non excusat or Ignorantia legis neminem excusat (Latin for ignorance of the law does not excuse) is a public policy holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content... In criminal law, strict liability is liability where mens rea (Latin for guilty mind) does not have to be proved in relation to one or more elements comprising the actus reus (Latin for guilty act) although intention, recklessness or knowledge may be required in relation to other elements of the... In the criminal law, corporate liability determines the extent to which a corporation as a fictitious person can be liable for the acts and omissions of the natural persons it employs. ... The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity. ... In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. ... This article does not cite any references or sources. ... This article or section does not cite its references or sources. ... Sex crimes are forms of human sexual behavior that are crimes. ... Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Everyday instance of theft: the bike which fits on this wheel has disappeared. ... In English law, the main deception offences are defined in the Theft Act 1968 (TA68), the Theft Act 1978 and the Theft (Amendment) Act 1996. ... Modern Obstruction of Justice, in a common law state, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. ... Bribery is a crime implying a sum or gift given alters the behaviour of the person in ways not consistent with the duties of that person. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. ... An inchoate offence is the crime of preparing for or seeking to commit another crime. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... In the criminal law, a conspiracy is an agreement between natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. ... An accessory is a person who assists in or conceals a crime, but does not actually participate in the commission of the crime. ... Automatism is a disassociative state where the individual suffering from it has no control over their actions. ... ... Mistake of law and mistake of fact are two types of defense by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law or liable for damages under a civil law action. ... In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill at the time of their allegedly criminal actions. ... In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held criminally liable for doing so, as their mental functions were diminished or impaired. ... For English law on the criminal defence, see duress in English law. ... This article is about the law definition of necessity. ... For the country-specific law, see provocation in English law. ... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... This article or section does not cite any references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... The law of evidence governs the use of testimony (e. ... // AS, As, aS, or as may stand for: AS Acquisition strategy, a High-level business and technical management approach designed to achieve program objectives within specified resource constraints. ... This article does not cite any references or sources. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...

This includes any unintended or unforeseen impact of the charge, even in the absence of a conviction or a trial. Generally, this is related to the distinction between direct and collateral consequences of action or inaction. Collateral consequences are the effects of a given action or inaction that are unintended, unknown, or at least not explicit. ...

Introduction

The criminal justice system applies criminal law to defendants accused of committing a crime. If found guilty, or if the defendant pleads guilty, the sentencing authority (usually a judge) imposes a sentence. The study of criminal justice traditionally revolves around three main components of the criminal justice system: police courts corrections Nowadays, it is sometimes argued that psychiatry is also a central part of the criminal justice system. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... In Common law, a defendant is any person who is required to answer the complaint of a plaintiff in a civil suit or any person who has been named in a criminal information or criminal complaint and stands accused of violating a criminal statute. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... This article does not cite any references or sources. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...

This sentence can take many forms, including (but not limited to) revocation of privileges, such as driving, house arrest, community service, probation, fines and imprisonment. Collectively, these consequences of the crime are referred to as direct consequences - those intended by the judge, and frequently mandated at least in part by an applicable law or statute. For other uses, see Law (disambiguation). ... The Statute of Grand Duchy of Lithuania A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

However, beyond the terms of the sentence, a defendant can experience far-reaching and unexpected effects. For example, a person convicted of a felony may experience (in addition to social stigma) disenfranchisement, loss of federal loans for education (for drug charges) or eviction from public housing. While merely a sampling of the potential effects, consequences of a criminal conviction that are not intended by the judge, or that are beyond the terms of a sentence itself, are referred to as collateral consequences. Because such ramifications may stem from merely being charged with a crime, rather than necessarily being convicted, "collateral consequences of criminal charges" is preferred by some over shorter but more ambiguous names. For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Social stigma is severe social disapproval of personal characteristics or beliefs that are against cultural norms. ... Collateral consequences are the effects of a given action or inaction that are unintended, unknown, or at least not explicit. ...

To illustrate, while an arrest will not necessarily lead to a state sanction such as imprisonment, the arrest itself may have serious ramifications, such as a loss of a job due to inability to pay bail, loss of public housing and social stigma. The social effects of criminal charges (whether or not they lead to convictions) are mainly due to the fact that arrests and legal proceedings in the United States are usually public record^{[verification needed]}, thus disseminating the information about the event to the public to the detriment of the accused. A prison is a place in which people are confined and deprived of a range of liberties. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... A local authority tower block in Cwmbrân, South Wales Public housing or project homes are forms of housing tenure in which the property is owned by a government authority, which may be central or local. ... Social stigma is severe social disapproval of personal characteristics or beliefs that are against cultural norms. ... Public records are records, usually criminal, which are generally available. ...

For purposes of illustration, the Public Defender Service of the District of Columbia assembled a document in 2004 outlining some collateral consequences.[2] Illustration by Jessie Willcox Smith. ... In the United States, a public defender is a lawyer whose duty is to provide legal counsel and representation to indigent defendants in criminal cases who are unable to pay for legal assistance. ... ...

Efforts to include collateral consequences in sentencing

Some argue that if a defendant is punished beyond the sentence prescribed by law (that is, if collateral consequences do occur), the punishment is then more severe than that intended or warranted. In the worst case, some claim, this might violate constitutional protections.

Others note that any reasonable person would expect social stigma and disapproval, lessened interest by employers, decreased trust by the community and other consequences for the commission of criminal conduct. Further, many collateral consequences of criminal charges are the result of private behavior and conduct by private individuals, and thus not necessarily appropriate for government control. In addition, in many instances those who engage in criminal conduct can easily foresee and predict likely collateral consequences. For instance, a bookkeeper who embezzles from her employer should expect that other businesses are less likely to hire a convicted embezzler to manage their money. Look up that in Wiktionary, the free dictionary. ...

The Supreme Court of the United States addressed collateral consequences of criminal convictions as early as 1984. In Strickland v. Washington, 466 U.S. 668 (1984), the Supreme Court explored ineffective assistance of counsel with respect to collateral consequences of criminal convictions.[3] In evaluating competence, the Court explained, judges should look at all relevant circumstances and evidence of appropriate measures of professional behavior, such as the ABA Standards for Criminal Justice ("ABA Standards"). The ABA Standards require defense lawyers to consider collateral consequences of conviction. Judges, accordingly, should monitor the performance of counsel. States chose to apply this rule in varying ways. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries  Atlas  Politics Portal      The Supreme Court of the United States (sometimes colloquially referred to by the acronym... Holding To obtain relief due to ineffective assistance of counsel, a criminal defendant must show that counsels performance fell below an objective standard of reasonableness and that counsels deficient performance gives rise to a reasonable probability that, if counsel had performed adequately, the result of the proceeding would... Ineffective assistance of counsel is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. ...

Strickland encouraged but did not mandate consideration of collateral consequences. Some claim that structural incentives exist for lawyers to not elicit information relevant to collateral consequences because doing so may prolong a case; others note that no attorney or judge could predict any and all collateral consequences of a criminal conviction. Since Strickland did not require an analysis of collateral consequences, they generally are not regarded as cause to overturn criminal convictions.

Most states do not accord much legal effect to the collateral consequences of criminal convictions. For example, in New York the consideration of collateral consequences is merely discretionary, while the elucidation of direct consequences is required. For instance, in People v. Ford, 86 N.Y.2d 397 (N.Y. 1995)[4]), New York's highest court held that a defendant's guilty plea would not be overturned merely because the defendant was not advised at the time of the plea that his conviction could result in his deportation. “NY” redirects here. ...

Likewise, the Kentucky Supreme Court in Commonwealth v. Fuartado, 170 S.W.3d 384 (Ky. 2005) held that the failure of defense counsel to advise a defendant of potential deportation did not give rise to a claim of ineffective assistance of counsel.[5] The Kentucky Supreme Court was created by a 1975 constitutional amendment. ...

In May of 2005, Chief Judge Judith S. Kaye of the New York State Court of Appeals, organized the Partners in Justice Colloquium to address this issue.[6] Judge Kaye formed a working group which, in partnership with the Lawyering in the Digital Age Clinic at the Columbia University Law School, created a site that, for the first time, collects academic works, court opinions, and professionals' resources (by virtue of a message board and database) in one place.[7] Judith S. Kaye, Chief Judge of the State of New York, was born in Monticello, New York, in 1938. ... The Court of Appeals is New Yorks highest appellate court, created in 1847, replacing the Court for the Trial of Impeachments and the Correction of Errors. ... Jerome L. Greene Hall, home of the Arthur W. Diamond Library. ...

In Federal law, the federal sentencing guidelines have a model for collateral consequences which is determined based on the date of the offense committed and the type of the offense.

External links

• The "Four C's" Site
• Strickland v. Washington
• People v. Ford
• Commonwealth v. Fuartado, 170 S.W.3d 384 (Ky. 2005)

References

• ABA Standards for Criminal Justice: Collateral Sanctions and Discretionary Disqualification of Convicted Persons (3d ed. 2004)
• Race, The War on Drugs, and the Collateral Consequences of Criminal Conviction
• Gabriel Chin & Richard W. Holmes, Effective Assistance of Counsel and the Consequences of Guilty Pleas, 87 Cornell Law Review 607 (2002)