Christopher Uggen Dirty Bombs and Garbage

Similar documents
SCHOOLS AND PRISONS: FIFTY YEARS AFTER BROWN V. BOARD OF EDUCATION

Improving Employment Outcomes for People with Criminal Histories

LOWERING CRIMINAL RECORD BARRIERS

Understanding the Legal Landscape of Criminal Records in Hiring Decisions

THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL INTRODUCED BY GREENLEAF, FONTANA, SCHWANK, WILLIAMS, WHITE AND HAYWOOD, AUGUST 29, 2017 AN ACT

Employee Rights and Employer Responsibilities in a New Era of Criminal Background Checks for Employment

THE SERVICE OF SENTENCES AND CREDIT APPLICABLE TO OFFENDERS IN CUSTODY OF THE OKLAHOMA DEPARTMENT OF CORRECTIONS

Reporting and Criminal Records

Virginia s Nonviolent Offender Risk Assessment

SENATE, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED FEBRUARY 24, 2014

Millions to the Polls

Empowering the People and Communities That Change the World 1415 West Highway 54, Suite 101 Durham, NC

LOWERING CRIMINAL RECORD BARRIERS

Collateral Consequences of Conviction

Department of Corrections

NEVADA ENACTS SWEEPING CRIMINAL JUSTICE REFORM. Tick Segerblom, Nevada State Senator, Chair Senate Committee on Judiciary

Finding employment is one of the most important

APPLICATION INSTRUCTIONS FOR:

WORKING PAPER: The Increasing Stickiness of Public Labels* [DRAFT #2: STICKY RECORDS] CHRISTOPHER UGGEN and LINDSAY BLAHNIK University of Minnesota

KENTUCKY DISENFRANCHISEMENT POLICY

Focus. Crime, punishment, and American inequality. Vol. 32, No. 2, Fall/Winter ISSN:

Pinellas County. Staff Report. Subject: County Commission miscellaneous Legislative Items.

Indiana Second Chance Law Expungement and Sealing Manual

What are the steps to change my gender marker? (Travis County)

6/13/2016. Second Chances Setting Aside a Juvenile Adjudication. Why Expunge an Adjudication (aren t juvenile records sealed)?

Procrastinators Programs SM

CHAPTER 7.00 BUSINESS SERVICES. Background Screening of Noninstructional Contractors 7.142

ASSEMBLY COMMITTEE SUBSTITUTE FOR. ASSEMBLY, No STATE OF NEW JERSEY. 215th LEGISLATURE ADOPTED DECEMBER 16, 2013

Identifying Chronic Offenders

Glossary of Criminal Justice Sentencing Terms

Thinking About Prison and its Impact in the Twenty-First Century

MICHIGAN WORKFORCE BACKGROUND CHECK CONSENT AND DISCLOSURE

African American Male Unemployment & the Role of Criminal Background Checks.

CITY OF ONALASKA POLICE DEPARTMENT

Standards. SSCG21 The student will describe the causes and effects of criminal activity.

Three Strikes Legislation

Relevant Facts Penal Code Section (aka expungements ) Penal Code Section 17(b), reduction of felonies to misdemeanors Proposition 47 Prop 64

County of Santa Clara Office of the District Attorney

RESTORING THE RIGHT TO POSSESS FIREARMS

TRANSFORMING COMMUNITIES

Criminal Offender Record Information (CORI) Balancing Individual Rights and Public Access

REDUCING RECIDIVISM STATES DELIVER RESULTS

CHAPTER Senate Bill No. 1768

Frequently Asked Questions (FAQs) about Expungements and Pardons in South Carolina Courts

CONFERENCE COMMITTEE REPORT BRIEF HOUSE SUBSTITUTE FOR SENATE BILL NO. 40

Office of the District Attorney Record Retention and Destruction Schedule

A CITIZEN S GUIDE TO STRUCTURED SENTENCING

Executive Office of Public Safety and Security Department of Criminal Justice Information Services

ATTORNEY'S APPLICATION FOR ADMISSION TO COLORADO CJA PANEL

AN ACT. Be it enacted by the General Assembly of the State of Ohio:

OREGON ADMINISTRATIVE RULES OREGON DEPARTMENT OF FISH AND WILDLIFE DIVISION 600 CRIMINAL HISTORY CHECK AND FITNESS DETERMINATION RULES

Conditions of probation; evaluation and treatment; fees; effect of failure to abide by conditions; modification.

How are Ex Offenders impacted by

SUPPLEMENTAL NOTE ON HOUSE SUBSTITUTE FOR SENATE BILL NO. 40

CHANGES: An Arrest is taking a person into custody, in a case and in the manner authorized by law. (Penal Code 834.)

IC Chapter 9. Sealing and Expunging Conviction Records

Application for Employment

Effingham County. Employment Application

Restoring Voting Rights to Former Felons. RestORING VOTING RIGHTS th Street, SE Suite 202 Washington, D.C

Department of Legislative Services

Addressing Barriers to Licensing for People with Criminal Records. August 9, 2018

National Congress of American Indians SECTION-BY-SECTION ANALYSIS OF TRIBAL LAW AND ORDER ACT AS ENACTED - WITH NOTES FOR IMPLEMENTATION

COMPREHENSIVE SENTENCING TASK FORCE Diversion Working Group

Navigating the Complexities of Expunging Records for Immigrant Clients

Summary Considerations for Anti-Poverty Initiative Safe Neighborhoods Working Group

INTRODUCTION TO LAW AND SOCIETY The Ohio State University Sociology 2309 Spring Semester, 2015 M W F 12:40 1:35pm, Jennings Hall #40

Your Guide to. in South Carolina. Issued: August 2013 Revised: July 2016

CONFERENCE COMMITTEE REPORT S.2371, AN ACT RELATIVE TO CRIMINAL JUSTICE REFORM

AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES August 11-12, 2003

DISTRICT OF COLUMBIA PRETRIAL SERVICES AGENCY

Using Proposition 47 to Reduce Convictions and Restore Rights (Updated March 2016)

The Resource Newsletter for Home and Hospice Care December Home Care The Law

MERCER COUNTY CAREER CENTER 776 Greenville Road Mercer, Pennsylvania

INSTRUCTIONS FOR MOTION TO EXPUNGE

NC General Statutes - Chapter 15A Article 100 1

Chapter 1. Crime and Justice in the United States

NCSL SUMMARY P.L (HR 4472)

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Criminal Records & Expungement

111th CONGRESS 1st Session H. R To secure the Federal voting rights of persons who have been released from incarceration.

GRANDVUE MEDICAL CARE FACILITY APPLICATION FOR EMPLOYMENT

LESSON 14. Early Release YOUR GUIDE TO PREPARING FOR PRISON AND BEYOND

ALAMEDA COUNTY PROBATION DEPARTMENT

Washington, D.C Washington, D.C

Sentencing Chronic Offenders

EEOC Enforcement Guidance on Criminal Background Checks. By: Jonathan G. Rector, Associate Attorney Crowe & Dunlevy

The Economics of Crime and Criminal Justice

Contact: Maria Cilenti - Director of Legislative Affairs - - (212)

Improving Reentry: Restore The Vote

INDIANA S SECOND CHANCE LAW-How Expungement Works in Indiana

Application for Employment

EDITORIAL MEMORANDUM

RETURNING CITIZENS AND WORKFORCE DEVELOPMENT REVIEW 1. Returning Citizens and Workforce Development Review. With Special Focus on Detroit

Important Definitions

Petition to Change the Name of an Adult

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

New Beginnings. A Congregational Guide to Restorative Justice through Expungement. Retributive Justice vs. Restorative Justice

1 Not all broken windows are created equally. Twenty years ago, social scientists believed that police efforts couldn t make a substantial

l_132_ nd General Assembly Regular Session Sub. H. B. No

The Institute for Policy Research at Northwestern University. The Prison Effect: Consequences of Mass Incarceration for the U.S.

Transcription:

Christopher Uggen Dirty Bombs and Garbage AS AMERICA'S CORRECTIONAL POPULATIONS HAVE ROCKETED UPWARD since the 1970s, researchers have quite properly focused attention on prisons and prisoners. Yet examinations ofthe US punishment record must look beyond prison gates, as criminal justice sanctions also trigger a range of formal and informal collateral consequences. For those so punished, employment restrictions and other collateral sanctions complicate and confound efforts to assume the rights and duties of citizenship. I here suggest two broad approaches for scaling back some ofthe deleterious effects of punishment wathout compromising public safety. The first approach involves reducing the scope and number of collateral sanctions imposed automatically vwth a felony conviction. The second approach involves creating fewer records in the first place by redirecting low-level offenses away from the criminal justice system. DEFUSING DIRTY BOMBS In combining conventional explosives vnth a small amount of radioactive material, so-called dirty bombs can induce fear and panic, contaminate property, and require massive cleanup efforts (US Nuclear Regulatory Commission, 2007). The wide-ranging collateral consequences of criminal sanctions affect individuals and their families much as such bombs affect social groups. Just as dirty bombs, restrictions on employment, housing, educational benefits, government assistance, family rights, and civic service rarely kill. Nevertheless, they make such social research Vol 74 : No 2 : Summer 2007 707

an awfiil mess for people with criminal records that they may similarly be characterized as "weapons of mass disruption." Even after serving their time and completing all other obligations, the criminal justice system's clients carry the stain of their conviction whenever they attempt to apply for a job, secure an apartment, or enter a voting booth (Pager, 2003; Wiestem, 2006). Paradoxically, such disruptions make it all the more difficult for individuals to secure the sort of steady employment and stable family life that reduces the likelihood of subsequent criminality (Laub and Sampson, 2003). For the past decade, researchers have been chasing down the far-flung consequences of these sanctions for individuals and social groups, or the collateral damage wrought by collateral sanctions (Mauer and Chesney-Lind, 2002). Activists have lobbied in some cases quite successfully to pare back the most onerous and least defensible among them, such as restrictions on the voting rights of those who have served their sentences (King, 2006). There is no evidence that restoration of voting rights would constitute a threat to public safety. If anything, voters appear less likely rather than more likely to commit subsequent offenses (Manza and Uggen, 2006). While such reforms have salutary effects, however, they necessarily proceed in piecemeal fashion. Whenever a state re-enfranchises a certain class of felons, for example, the beneficiaries of this policy change still remain subject to the same occupational licensing, housing, and other restrictions that existed prior to the reform. To follow the dirty bomb analogy, efforts to combat radiation sickness would have no effect on air or water contamination or the safety of affected buildings. Of course, some collateral sanctions are no-brainers. If a schoolbus driver harms a child, for example, it is only prudent to restrict the driver from occupations that involve contact with children. If such sanctions were imposed on an individualized basis at sentencing, vidth domain-specific restrictions narrowly tailored to the person and the crime, the task of offender reintegration would be far simpler. Of course, such systemic reforms are unlikely, given an already over- 708 social research

burdened court system and the political and institutional barriers to change. Nevertheless, the time has come for a reasoned reassessment of the relative costs and benefits of sanctions that keep large classes of former felons from, say, becoming bartenders or securing student financial aid. Expungement clinics and executive pardons offer one avenue for restoration of civil rights and privileges, yet such processes are costly and burdensome for even the tiny percentage of former felons who now pursue them. If individualizing collateral sanctions is impracticable, reducing their number to those necessary to enhance public safety would appear to be a far more efficient course of action. THROWING OUT THE GARBAGE CASES Apart from reducing the scope and number of formal collateral sanctions, a second approach involves creating fewer criminal records in the first place. Here I refer to low-level arrests rather than the felony-level convictions that trigger formal collateral sanctions. Court personnel sometimes refer to these as "garbage cases," because they clog the system but rarely result in a conviction (Council on Crime and Justice, 2004). Even in the absence of convictions, however, arrests for loitering, disorderly conduct, trespassing, and driving after revocation routinely emerge in the criminal background checks of otherwise law-abiding citizens. In 44 states, private employers may consider even low-level arrest records during hiring decisions (Legal Action Center, 2004). Moreover, arrest records and other low-level offense information is t)^ically included, even if not requested, as a part of the criminal history reports provided to employers by the hundreds of firms that harvest publicly accessible data. Today, the federal government is exploring methods to add such low-level crime information to official Eederal Bureau of Investigation databases. In September 2006, the FBI announced plans to amend the Code of Federal Regulations to permit collection and retention of information on juvenile and misdemeanor oftienses (Palazzolo, 2006). Alternatives to the Carceral State: A Panel Discussion 709

The widespread availability of arrest and low-level conviction data from both public and private sources raises questions about the necessity of criminal justice processing for minor offenses, and the creation of an official criminal record. For example, primary and secondary schools now refer many disciplinary problems directly to juvenile courts. School-based peer courts and expanded counseling capacity may offer a partial altemative to costly formal justice system responses. Similarly, complaints from business owners involving loitering, trespassing, and disorderly public behavior are sometimes more effectively addressed by direct police referral to social service agencies rather than by arrest and the initiation of formal charges. Whether in the schools or on the streets, the criminal justice system is filling the cracks that other social institutions lack the resources to repair. Yet short-term criminal justice solutions often create long-term collateral problems, even for those brought into the system through "garbage cases." TWO BASIC APPROACHES Though it is a simple matter to count the number of prisoners in a nation, it is far more difficult to gauge the full impact of a system of punishment. I have focused here on the collateral consequences of criminal sanctions the formal and informal restrictions on the work, family, and civic life of those with criminal records. There are two fundamental approaches to reducing the deleterious effects of such punishments, both hinging on their judicious and parsimonious application. First, the scope and number of collateral sanctions can be reduced to those necessary to preserve and enhance public safety. Second, their long-term impact can be ameliorated by creating fewer low-level criminal records in the first place. REFERENCES Council on Crime and Justice. low Level Offenses in Minneapolis: An Analysis of Arrests and Their Outcomes. Minneapolis: Council on Crime and Justice, 2004. 710 social research

King, Ryan. A Decade of Reform: Felony Disenfranchisement Policy in the United States. Washington, D.C.: The Sentencing Project, 2006. Laub, John H., and Robert J. Sampson. Shared Beginnings, Divergent Lives: Delinquent Boys to Age 70. Cambridge. Harvard University Press, 2003. Legal Action Center. After Prison: Roadblocks to Re-Entry Report on State Legal Barriers Fadng People with Criminal Records. New York: Legal Action Center, 2004. Manza, Jeff, and Christopher Uggen. Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press, 2006. Mauer, Marc, and Meda Chesney-Lind, eds. Invisible Punishment: The Collateral Consequences of Mass Imprisonment. New York: New Press, 2002. Pager, Devah. "The Mark of a Criminal Record." Americanfoumal ofsociology 108 (2003): 937-75. Palazzolo, Loe. "FBI Expands Fingerprint Database to Misdemeanors, Juvenile Offenders." Fox News, September 26, 2006 <http://www. foxnews.com/story/0,2933,215697,00.html>. United States Nuclear Regulatory Commission, Office of Public Affairs. Fact Sheet: Dirty Bombs. Washington, D.C.: U.S. Government Printing Office, 2007. Western, Bruce. Punishment and Inequality in America. New York: Russell Sage Foundation, 2006. Alternatives to the Carceral State: A Panel Discussion 711