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Criminal Law Commons

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Full-Text Articles in Criminal Law

The Power Of A Clean Slate, J.J. Prescott, Sonja B. Starr Jul 2020

The Power Of A Clean Slate, J.J. Prescott, Sonja B. Starr

Articles

Tens of millions of Americans have criminal records, including about 20 million with felony convictions. Conviction records automatically trigger countless collateral legal consequences, such as occupational restrictions that bar employers from hiring qualified candidates. Moreover, research overwhelmingly shows that bearing a criminal record raises significant barriers to employment, housing, and various other opportunities. These persistent obstacles can overwhelm an individual’s efforts at reintegration and can aggravate poverty, inequality, and racial disparities in our society. And because factors like unemployment and housing instability contribute to crime risk, these effects in turn make society less safe.


Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr May 2020

Expungement Of Criminal Convictions: An Empirical Study, J.J. Prescott, Sonja B. Starr

Articles

Laws permitting the expungement of criminal convictions are a key component of modern criminal justice reform efforts and have been the subject of a recent upsurge in legislative activity. This debate has been almost entirely devoid of evidence about the laws’ effects, in part because the necessary data (such as sealed records themselves) have been unavailable. We were able to obtain access to de-identified data that overcome that problem, and we use it to carry out a comprehensive statewide study of expungement recipients and comparable nonrecipients in Michigan. We offer three key sets of empirical findings. First, among those legally …


America's Paper Prisons: The Second Chance Gap, Colleen Chien Jan 2020

America's Paper Prisons: The Second Chance Gap, Colleen Chien

Michigan Law Review

Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …