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View From The Bench: Collateral Consequences

November 30, 2006|DAVID TAPP

We continue to hear more and more criticism regarding disenfranchisement of convicted felons. Critics suggest that the loss of voting rights following a felony conviction is somehow unfair and disproportionately affects minorities.

Yet it should come as no surprise to anyone that engaging in criminal conduct carries with it penalties, some direct--such as fines, forfeitures or imprisonment, and some indirect. These "collateral consequences" may be imposed by statute, regulation, or by the private sector. To avoid these consequences, one merely has to avoid committing crimes.

The loss of the privilege to vote is the most well known collateral consequence. But there are many others which may arise from contact with the criminal justice system. For example, following conviction of any felony offense, or a misdemeanor crime of domestic violence, or upon entry of a domestic violence order, individuals forfeit the right to possess firearms and ammunition. And in my experience, the loss of firearm rights is the collateral consequence which concerns people the most. I've never had a defendant complain about losing his voting rights, but gun rights are another matter entirely.

And sometimes, no court involvement is needed to trigger (ha ha--bad pun) the loss of these valuable civil liberties. Drug addicts for example may not legally purchase firearms regardless of whether they have ever been involved with the courts. Individuals addicted to illicit controlled substances are simply not permitted to purchase firearms, though in practice, this prohibition is rarely enforced.

A felony conviction means that you may not run for elected office of any federal, state, or local government, or subdivision thereof, except upon receipt of a complete or partial pardon. And persons convicted of certain felonies are not eligible for some types of government funding, including crop subsidies and in some cases student loans.

Many convictions, whether felony or misdemeanor, have serious long-term consequences for employment, social responsibility, and parenting.

It wasn't too many years ago, pre-war, that the military would not accept enlistees who had any criminal history, including a misdemeanor DUI, disorderly conduct, or simple possession. Many private employers automatically reject applicants with any criminal history, and with so many people looking for work, why take a chance? Day-cares are a good example.

Many school district will not permit a parent to volunteer in their child's extracurricular activities, whether it be the speech team, as a baseball coach, or in a booster club, unless a negative criminal history records check is first obtained. Any offense related to drugs, alcohol, or violence may be a disqualifying circumstance.

Most courts and attorneys are extremely careful to advise defendants that they face the loss of important civil liberties upon the conviction of a serious crime. For the most part though, those who commit offenses, or who engage in criminal conduct but escape detection, are unconcerned with the collateral consequences of their actions. After all, if imprisonment is not a sufficient deterrent, the possible loss of the opportunity to host the high-school bake sale, or vote against a local referendum, or even missing the next five deer seasons, isn't going to make much difference.

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