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Collateral consequences of criminal conviction are the additional civil state penalties, mandated by statute, that attach to criminal convictions. They are not part of the direct consequences of criminal conviction, such as incarceration, fines, or probation. They are the further civil actions by the state that are triggered as a consequence of the conviction. They include loss or restriction of a professional license, ineligibility for public funds including welfare benefits and student loans, loss of voting rights, ineligibility for jury duty, and deportation for immigrants, including, in the case of the United States, those who, while not U.S. citizens, hold permanent resident status.〔Gabriel J. Chin, ''Race, The War on Drugs, and the Collateral Consequences of Criminal Conviction'', ( 6 Journal of Gender, Race & Justice 253 (2002) )〕 In general, all states impose such consequences. "In all jurisdictions throughout the U.S., judges are not obligated to warn of these collateral consequences upon a finding of guilt by trial, or prior to an admission of guilt by plea agreement, except as regards deportation. Deportation has been made an exception by the Supreme Court in Padilla v. Commonwealth of Kentucky. Some legal scholars have argued that the collateral consequences of conviction could be analogized to a "Modern Day Scarlet Letter, as the collateral consequences of conviction disproportionately adversely impact women (black women especially) because of the intersectional identities of the women who go to prison. ==Introduction== The criminal justice system applies criminal law to defendants accused of committing a crime. If the defendant is found guilty or pleads guilty, the sentencing authority (usually a judge) imposes a sentence. The sentence is a direct consequence of the conviction. This sentence can take many forms, including loss of privileges (e.g. 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. However, beyond the terms of the sentence, a defendant can experience additional state actions that are considered by the States to be collateral consequences such as: disenfranchisement (in some countries this may be separately meted out), disentitlement of education loans (for drug charges in U.S.), loss of a professional license, or eviction from public housing. These consequences are not imposed directly by the judge, and are beyond the terms of a sentence itself for the actual crime. Instead, they are civil state actions and are referred to as collateral consequences. In most jurisdictions, being charged with a crime can trigger state civil action in the form of an investigation to determine if the charge(s) trigger the civil statutes that attach to the criminal charges. An example would be criminal charges that can trigger deportation, or the revocation of a professional license, such as a medical, nursing, or pharmacist license. Being subject to collateral consequences has been called a form of civil death.〔(Gabriel J. Chin, ''The New Civil Death: Rethinking Punishment in the Era of Mass Conviction'', 160 U. Penn. L. Rev. 1789 (2012) )〕 The collateral consequences of criminal conviction are not the same as the social consequences of conviction. Social consequences include loss of a job and social stigma. These social effects of criminal charges (whether or not they lead to convictions) are mainly because arrests and legal proceedings in the United States are usually public record, thus disseminating the information about the event to the public to the detriment of the accused. There are currently little to no legal remedies available for these collateral consequences, no matter how innocent the accused individual might be. In recent years, some governmental organizations have, however, discouraged actions that would cause unfairly harsh collateral consequences; for example, the Equal Employment Opportunity Commission (EEOC) urges human resources managers not to automatically exclude all ex-convicts from employment consideration, particularly if they are members of minorities with disproportionate incarceration rates. 〔http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm〕 For purposes of illustration, the Public Defender Service of the District of Columbia assembled a document in 2004 outlining some collateral consequences.() 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Collateral consequences of criminal conviction」の詳細全文を読む スポンサード リンク
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